Las Vegas Business And Real Estate Blog

Pursuing a challenge in probate court in Nevada

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Probate Litigation on Thursday, November 15, 2018.

For many people in Nevada, challenging a family member in court for any reason is fraught with the potential to seriously undermine a relationship forever. When it comes to probate court, there may be no choice, as the different sides of the case are inevitably family members with different goals. However, dealing with these fractured relationships and emotional challenges is just one part of pursuing a case in probate court in Nevada.

Nevada residents who decide to make an issue of a probate matter in court may find that they have a steep burden to meet. Like any contract, a probate court judge is likely to defer to the wording of the document in front of the court -- in probate, this usually means a will. But, there are ways to make a compelling argument that the document, as submitted, may not be the best way to resolve the probate case.

"Confidentiality" can be different to the parties in an agreement

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Business Litigation on Thursday, November 8, 2018.

For a variety of reasons, businesses in Nevada and throughout the country often find that they need to execute confidentiality agreements, either with another entity or with an employee. These types of agreements allow a business to divulge sensitive information with the comfort of knowing that the party receiving the information is bound, in writing, not to share the information with anyone else.

However, there are situations in which, despite the clear language of a confidentiality agreement, the parties to the agreement may have different views of what exactly "confidentiality" consists of. The party who is divulging the information -- like, for example, a business in our state with trade secrets -- will want the other party to the agreement to hold that information in confidence and not share the information with any third-parties. But, the other side of the agreement may think of "confidentiality" more like "privacy" -- meaning that they may view the information as sensitive or private, but not exactly being preventing from sharing the information.

Protect your financial investment when buying a home

On behalf of Law Offices of P. Sterling Kerr, P.C. on Monday, November 5, 2018.

Buying a home in Nevada is a major financial and legal step. It is in your interests to take the appropriate measures to ensure you protect your financial well-being. Whether you are purchasing a residential property for investment purposes or your own personal use, there are certain things you need to know before you sign on the dotted line.

Buyers should ask certain questions before purchasing, and sellers should disclose certain things about the property. It may be beneficial for you to know more about what you can expect and how you can protect yourself before buying a home that has problems. If you have already purchased a home, you will need to know what you do if you discover issues after the process is final.

Avoid real estate disputes with a good home sale contract

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Real Estate Law on Thursday, November 1, 2018.

Most Nevada residents who are involved in a real estate transaction are usually hopeful that the deal will go smoothly. Unfortunately, the reality is that some of these types of transactions, particularly residential real estate transactions, can present problems that can lead to disputes between the parties. In order to avoid the potential for any real estate disputes in these types of deals, a good home sale contract is a must.

Like any good contract, there are some essential elements that need to be included in a home sale contract. For starters, the contract should list the parties involved in the deal -- the buyer and the seller. Properly identifying the parties in the transaction makes it clear who is obligated to do what.

What do you need to know about business formation?

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Business Law on Thursday, October 25, 2018.

Many entrepreneurial individuals in Nevada may be thinking of starting a business in the current economic climate, which is as good as it has been for companies in decades. Taxes are low and, even though the job market can be tight, unemployment is the lowest it has been in almost 50 years. But, this can make it hard to find good workers, even though there are thousands of people out there who are looking for jobs. So, what do such entrepreneurial individuals need to know about business formation?

Well, for starters, it is important for businesspeople to know that forming a corporation, for instance, is a good way to shield themselves from person liability if something goes wrong in the operation of the company. The corporation itself becomes a legal entity, separate from the person who starts the company.

The right wording in a will can help avoid probate litigation

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Probate Litigation on Thursday, October 18, 2018.

One of the most fundamental parts of a Nevada estate plan is a will. This document is intended to provide direction to heirs and beneficiaries on how an estate is to be distributed. However, anyone who is familiar with the legal realm knows that the words in such a document can be open to interpretation. That is why the right wording is crucial, and can help avoid the potential for probate litigation.

A recent article looked at some of the ways in which a will can be as clear as possible and can help avoid common pitfalls. For starters, the article pointed out that naming the right person as the executor of the estate is of the highest importance. After all, the executor is the person who will be responsible for marshaling the assets of the estate, filing the correct documents with the probate court and making sure that debts and taxes are addressed. The executor should be a person who has the right skills to accomplish all required tasks.

Know your rights and options in probate litigation

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Probate Litigation on Thursday, October 11, 2018.

No one wants to think of probate litigation being a possibility in the aftermath of the death of a loved one. However, the unfortunate reality is that sometimes, probate litigation is necessary. When it is, Nevada residents need to know their rights and options in the process.

Probate litigation can arise from a number of different circumstances. For example, if the executor of the estate or a trustee is not performing as expected, or is even abusing his delegated power, it might be up to the intended beneficiaries to pursue probate litigation. Or, there may be instances of "undue influence," which means that there are allegations that someone improperly directed the testator to make any number of moves when it comes to the estate plan in question, including the possibility of cutting a beneficiary out of the estate plan completely or awarding shares of the estate in unequal amounts.

When the competition isn't fair, how can you fight back?

On behalf of Law Offices of P. Sterling Kerr, P.C. on Thursday, October 4, 2018.

Dealing with the competition is a normal part of doing business. However, it is not normal when the competition uses unfair or illegal means to pull ahead and gain an advantage. Unfair business practices include inappropriate competition strategies, and you can fight back.

Issues that pertain to business law and may indicate the need for litigation can be complex. In fact, you may be unsure of where to start. If you believe your Nevada business is suffering because of an infringement on your rights or other unfair means, it may be appropriate for you to take quick action to learn what you can do. Unfair competition is harmful to your business, and it can cause issues for innocent consumers as well.

Can allegations of fraud lead to business litigation in Nevada?

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Business Litigation on Thursday, October 4, 2018.

Many business relationships are founded on a simple idea: trust. That is the same for businesses in our state. Unfortunately, there are times when the trust between the two sides of deal or contract can be ruptured. Fraud allegations can certainly cause this type of fracture in the relationship.

However, can allegations of fraud actually lead to business litigation? Quite simply, the answer is a resounding "yes." But, such a claim can be difficult to prove, as it will likely entail efforts to show the intent of the allegedly fraudulent party, which can be hard to show.

"Buyer fatigue" becoming an issue in real estate market?

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Real Estate Law on Thursday, September 27, 2018.

Real estate markets across the country have improved dramatically since the dark days of the so-called "Great Recession." In general, home and commercial building values have increased considerably in many areas, and Nevada has seen its share of good fortune when it comes to the real estate market. However, as summer comes to an end, so does the traditional home-shopping season.

A recent news article mentioned that, in August of this year, real estate markets throughout the country showed signs of "buyer fatigue." In essence, this means that the recovery of the housing market, in particular, is actually working against interest from potential buyers. As prices rise and interest rates for mortgages climb higher, buyers are getting worn down by the number of concerns that arise when it comes to one of the biggest financial transactions they will ever be a part of: buying a home.