John M Eccles’s Answers

John M Eccles

Las Vegas Family Law Attorney.

Contributor Level 9
  1. My mother is in Chapter 13. She passed last week . She had a couple life insurance policies and I am beneficiary.

    Answered 8 days ago.

    1. John M Eccles
    2. Dorothy G Bunce
    3. Richard D. Granvold
    4. J. Scott Dilbeck
    5. Sandra A Kuhn Esq.
    5 lawyer answers

    The beneficiaries of life insurance policies receive the money. Please note that the Trustee should be notified of her death. However, the life insurance policy will be paid directly to the beneficiaries, who are not part of the Bankruptcy. Most likely the Bankruptcy will be dissolved and the creditors may then attempt to pursue payment through your mother's probate/estate.

    8 lawyers agreed with this answer

  2. Can a 17 year old have intercourse with a 26 year old with consent ? can 17 year old move in with 26 year old if she is pregnant

    Answered 8 days ago.

    1. John M Eccles
    2. Mary Katherine Brown
    3. David R. Jacks Jr.
    3 lawyer answers

    I'm not sure what kind of "report" they intend to file, because you are above the age of consent. You can file a petition to emancipate, though it is hit and miss as to whether it would be granted. Usually the hearing master who decides that wants to see that you are independent, which means working full time and not reliant upon any kind of governmental aid.

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  3. Marriage annulment

    Answered 12 days ago.

    1. John M Eccles
    2. Israel Lynda Kunin
    3. F. Peter James
    3 lawyer answers

    One basis to get your marriage annulled is "want of understanding", which can cover a lot of area, especially in an agreed upon annulment. I would avoid any claim of material misrepresentations (which could be viewed by outsiders as "fraud"). However, if you two agree an annulment is appropriate, there are ways to carefully craft a Complaint for Annulment where no fraud need obviously be pled.

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  4. Is it possible to fire a lawyer and continue with a ongoing case

    Answered 14 days ago.

    1. John M Eccles
    2. Jill K. Whitbeck
    3. Tracy M. Rau
    3 lawyer answers

    The process of terminating the services of an attorney is, frankly, more complex than it should be. If you choose alternate counsel, that attorney would send your original attorney a Substitution of Attorney and then file it with the Court. However, if you intend to proceed in proper person, the attorney must seek permission from the Court to withdraw. Although this seems onerous, the process is in place to protect the client, and while in circumstances like this it doesn't necessarily...

    6 lawyers agreed with this answer

  5. Is an adoption subsidy divided in half during a divorce?

    Answered 30 days ago.

    1. John M Eccles
    2. Keith Pickard
    3. Amanda M Roberts
    3 lawyer answers

    This has not been addressed by the Nevada Supreme Court, nor is the issue pending. I would only be able to guess what a Judge would do under the circumstances, but I suspect the subsidy would be attributed solely to you, or alternatively, pro rated based on your timeshare, either of which would most likely fall with the "sound discretion" of the Judge. FYI - $186.14 would be the offset for his 24 hours per week, if you are interested in negotiating a settlement and keeping it out of the hands...

    6 lawyers agreed with this answer

  6. Do parental abduction laws apply in the absence of a custody agreement?

    Answered over 1 year ago.

    1. John M Eccles
    2. Israel Lynda Kunin
    3. Keith Pickard
    3 lawyer answers

    Very interesting question, and a complicated one. There is the law, and then there is what the Courts do with the law. Technically, NRS 125C.200 deals with relocation cases where custody has been established, so there is no violation of NRS 125C.200 if you relocate prior to any custody Orders being issued. That said, Judges will not like that one bit, and I have had several Order the return of the child to the State of Nevada - in one case, to a father whose paternity had not yet been...

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  7. My girlfriend is 16 & she lives in an abusive home enviorment not so much physically but mentally

    Answered over 1 year ago.

    1. John M Eccles
    2. Ross Carl Goodman
    3. Israel Lynda Kunin
    3 lawyer answers

    Sounds like a tough situation your girlfriend is in. She may be able to emancipate - emancipations are very fact specific but look at variables like if she can provide for herself. At 16, she is no longer obliged to be in school (but I would recommend she continue in school, personally, since education gives people a huge advantage in the workplace - you would be astonished at the difference in unemployment rates between people who have no high school diploma and four year college degrees)....

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  8. What does it mean when a divorce case says closed and decree of divorce is family?

    Answered over 1 year ago.

    1. John M Eccles
    2. Jill K. Whitbeck
    3. Allison L. Herr
    3 lawyer answers

    So I am guessing by your question that you looked up your case on Odyssey. If so, if it says "closed" it means the case is concluded (though it can be reopened as necessary in most cases). It is possible it is "closed" because no service was had within 120 days and no extensions to serve were granted, or it could be closed because of inactivity for more than 6 months, but most likely - based on your question - it is closed because a final Decree of Divorce has issued and you are divorced. "...

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  9. I reside in the state of Arizona, my wife filed for divorce in Las Vegas, NV. How do I file my answer to her complaint by mail?

    Answered over 1 year ago.

    1. John M Eccles
    2. Howard M Lewis
    2 lawyer answers

    Assuming you already have an Answer ready to file, you need to send the original and at least one copy to "Clerk of the Family Court, 601 North Pecos Road, Las Vegas NV 89101" They will file it on your behalf and if you also provide a return envelope, mail it back to you. The filing fee for an Answer to Complaint for Divorce is $217 according to the Court's website. This will also need to be provided. If you are able to resolve matters within the first 60 days or so, you will not need to...

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  10. Paternity question

    Answered over 1 year ago.

    1. John M Eccles
    2. David B Pittman
    2 lawyer answers

    The answer is a little complicated - there is a case in Nevada where someone who held a child out as his own for several years was deemed the father, though genetic testing concluded he was not the biological father. But in that case, he had an opportunity to contest paternity and waived his right to genetic testing. That was also a case between married people. There is also a conclusive presumption that he is the father six weeks after signing the affidavit of paternity under Nevada...

    4 lawyers agreed with this answer

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