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How zoning issues can impact your real estate law problem

It would be understandable if the average Nevada resident has quite a few questions about zoning issues and how they can impact a real estate problem. After all, not many owners of resident or commercial property worry about zoning on a regular basis when it comes to their home or business. However, zoning can complicate a wide variety of issues.

For instance, property owners, particularly those within metropolitan areas, will need to comply with zoning regulations under many different circumstances. Common zoning regulations will state requirements when it comes to the potential use of a parcel of property, as well as how big or how high a building on the property can be. There will usually be restrictions on how close to the property lines any building on the property can be, and there will likely be considerations as to what utilities might be present on the property.

Understand business law at crucial moments for companies

It takes ingenuity, determination and creativity to be successful in business, whether one is part of a large company or a small operation. Business owners usually have the ambition and self-motivation to make their companies a success. However, there likely is not a single business owner in Nevada who has not faced certain situation that can cause trepidation, like when legal issues are involved.

Fortunately, the good news is that business owners can get through legal problems and even business litigation with the right approach. Businesspeople are problem solvers, and one of the best ways to solve a problem -- whether it is a breach of contract, property development or business formation, among others -- is to get the right information about the potential legal options.

Do you have the standing to challenge your loved one's will?

You may want to carefully consider whether to challenge a loved one's last will and testament after they pass away. If you believe that you have discovered information that could make the will invalid, then you may consider it your duty to come forward. However, you cannot file a challenge to a will simply because you are not happy with what you received, or didn't receive, from your loved one.

In addition to needing a valid legal reason for the challenge, you must also have standing. This means that you have the legal right to contest the will. You may not realize that not everyone has this right.

How can Nevada residents avoid probate?

For many Nevada residents, the primary goal of the estate planning process is avoiding probate. Probate can be a time-consuming process, and can also drain assets from the estate in question. So, how can Nevada residents design their estate plans to avoid probate?

Well, for starters, it is important to examine exactly how one's assets are owned. Take, for example, real estate. If a person owns real estate as the sole owner of the property, there must be a process to pass ownership of the real estate to someone else upon the owner's death. That process, typically, is accomplished through probate. However, if a person, while alive, brings the person who they want to inherit the property into the ownership of the property to make that individual a "joint tenant with a right of survivorship," then, when one of the owners dies, the other takes ownership of the entire parcel of property -- no probate needed.

How a breach of contract can lead to business litigation

There aren't many business leaders in Nevada who enter into contractual relationships with other entities thinking "This isn't going to work out." On the contrary, most business relationships are developed through good faith negotiations and soundly drafted contracts. However, sometimes a breach of contract issue arises no matter how well the business relationship is going.

When a breach of contract occurs, the issue may eventually need to be resolved through business litigation in state court. At its fundamental definition, a "breach" of a contract occurs when one side or the other fails to comply with the terms of the agreement. That can mean failing to take some contractually obligated action, or perhaps failing to pay a specified amount of money on time.

Can a "letter of intent" help avoid a real estate dispute?

Anyone in Nevada who has been party to a real estate transaction -- either residential or commercial -- knows that these types of transactions can be complicated, with many different moving parts before it is all said and done. For starters, there is the anxiety and excitement of actually attempting to find a parcel of property to purchase. Next, it is the contemplation of the sale price and whether or not it is realistic. And then, most crucially, comes the time to make an offer to purchase the real estate.

This is the point at which potential negotiations get serious and the potential for a dispute becomes real. However, a recent article noted one option that many buyers are using to make this initial engagement a bit smoother: a letter of intent. As the recent article pointed out, such a letter -- which is usually brief, perhaps even just one page -- can be more helpful to a seller to gauge the buyer's interest in the real estate than a proposed purchase agreement that can be several pages long and full of complex details.

The right approach in a real estate dispute

The parties involved in a real estate transaction usual enter the negotiations with the best intentions in mind. However, best intentions sometimes are not enough to avoid the eventuality of a real estate dispute arising from a transaction. The myriad causes of these disputes can leave buyers and sellers alike pondering their options.

A title dispute, for instance, will likely have different potential options for resolution of the issue than, say, a financing issue. Or, a dispute over a contract - like a purchase agreement - may be handled differently than a dispute over an encroachment or property boundary dispute. No matter the issue at hand, it is important for Nevada residents to take the right approach to attempt to resolve the dispute.

What are common causes of probate litigation?

One of the main reasons that Nevada residents make comprehensive estate plans is to avoid the potential for probate litigation when the time for the plan to be implemented comes. No one likes to think of their heirs and beneficiaries being tied up in the probate court system fighting over assets. However, the reality is that probate litigation is common enough. So, what are the common causes of probate litigation in Nevada?

Well, for starters, there may be a claim that the planner lacked the "testamentary capacity" to execute the estate plan in question. This means that someone is asserting that the planner may not have had the mental capacity to fully understand the assets that are included in the estate plan, and may not have understood the instructions in the estate plan as to who should receive certain assets. Testamentary capacity is one of the base fundamentals of estate planning -- if someone does not have the capacity to execute an estate plan, the estate plan may not be valid.

The right legal steps when starting a partnership

Launching a new business is an exciting time, but it is a legally and financially complex process as well. There are important decisions to make, and one of these choices will be to decide which type of business structure works best for your Nevada company. If you are starting a business with another person, a partnership is likely the most appropriate structure choice.

Partnerships can be profitable and successful, but it is important to lay the necessary legal groundwork for a strong future. One way to do this is by drafting a legally sound partnership agreement. This is an important aspect of the business formation process for your business.

Property boundary disputes between neighbors

"Good fences make good neighbors" is an old saying that many of our readers in Nevada have probably heard before. But, unfortunately, neighbors may not do the appropriate amount of research prior to building a fence, for example. This can lead to a good example of how a property dispute starts.

Property disputes are not uncommon between neighbors, even as much as we would like to avoid them. Fences are not the only issues, as sometimes landscaping or even buildings can overlap property boundary lines as well. Maybe the neighbor simply did not do the research that was necessary to determine where the property line.

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