Robert C Graham’s Answers

Robert C Graham

Las Vegas Probate Attorney.

Contributor Level 5
  1. Is it legal for my daughter to allow her schizophrenic boyfriend withother mental illnesses to care for my 18 mo. granddaughter

    Answered about 2 years ago.

    1. Robert C Graham
    2. John M Eccles
    2 lawyer answers

    The question is always what is in the best interest of the child. Of course, this takes proof of harm. Just saying so, won't convince any judge. You need evidence from third parties who have no "dogs in the fight." You will want to keep in touch with concerned neighbors and if you feel necessary, even call Child Protective Services to have them do a safety check. Be careful. If the caregiver is on medical treatment and caring well for the child, this could come back to haunt you when you...

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  2. My brothers wife used false p.o.a. papers to come get his truck when he went into a coma and collected 20,000 of his benefits. i

    Answered about 2 years ago.

    1. Robert C Graham
    2. Ronald Lee Burdge
    3. C L Huddleston III
    3 lawyer answers

    As the guardian you have the power to go back in time to set things straight. If your brother was incapacitated at the time, then you should petition the guardianship court to require the return of the vehicle and benefits that were intended for him. As against a wife, that will be interesting, but that is the process. The guardianship court will direct you from there. You will need to personally serve the wife with the petition and the notice of time and hearing as you will likely be...

    3 lawyers agreed with this answer

  3. What happens to late fees and Lien when home owner is Deceased.

    Answered about 2 years ago.

    1. James P. Frederick
    2. Robert C Graham
    3. Carrie Elizabeth Hurtik
    3 lawyer answers

    Let me add here that you are in pretty good shape if you are willing to just walk away from the house, but you are also in bad shape if you want to keep the house. You will need to go through probate so you can act in the name of your deceased husband. That will also likely buy you some time in the home as probate can take awhile and often mortgage companies have a separate probate department to deal with these issues. The homeowner's association liability runs with the land, but be careful...

    1 lawyer agreed with this answer

  4. How long does temporary co-guardianship last and how can i cancel it?

    Answered about 2 years ago.

    1. Robert C Graham
    2. Joseph W. Riccio
    2 lawyer answers

    Get an attorney and get to court. The burden is upon her to show that you are unfit (a very high standard -- essentially you need to provide a roof, some food and some guidance and you are good to go (assuming you aren't beating your child and are not on drugs)). You will need to go to the guardianship court and terminate the guardianship. The initial petition will need to assert that your daughter is being wrongfully withheld from you AND that you are fit to parent her and that the only...

    1 lawyer agreed with this answer

  5. Is ID theft intentional, reckless & outrageous conduct?

    Answered about 2 years ago.

    1. Robert C Graham
    2. Richard Edmund Hawkins
    2 lawyer answers

    This is a new area of law for certain. I am using this theory in a case right now where someone stole the ID of an old man and then took out a mortgage on one of his homes and took off with the money. The liability runs with the person who stole the ID. The third party is only liable if you have presented them with hard evidence of the ID theft and they have refused to change your information. The standard to hold them responsible is "reasonable standard." Was the information they received...

    1 person marked this answer as helpful

  6. Can a surviving spouse in a void marriage legally receive insurance and pension benefits?

    Answered about 2 years ago.

    1. John M Eccles
    2. Robert C Graham
    2 lawyer answers

    This is a heck of a question, but I tend to agree with my attorney friends that you should bring this matter up to the Probate Court through his estate. As the marriage is void, then the "spouse" won't have any preference to act for the estate, but someone needs to take this head on and act for the estate. I have had three similar cases and they have all been resolved in probate court -- so start there. Probate is very complex, so please see a probate attorney who litigates.

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  7. My dad passed away several months ago, my mom a few years ago. my brother is supposedly the executor.

    Answered about 2 years ago.

    1. James D. Kiley
    2. Michael S. Haber
    3. Robert C Graham
    4. James P. Frederick
    4 lawyer answers

    Get to a probate attorney. If there are known assets, then you can get to court and have the court make a demand for any existing will. If there is no will, you can actually begin the probate yourself and your brother would have to come into court to present a will to fight you opening the probate yourself. If there are no assets, then it won't be worth it.

    2 lawyers agreed with this answer

  8. How can I protect my fathers assets from his girlfriend's manipulation?

    Answered about 2 years ago.

    1. Barry A. Stein
    2. Stephanie Sauer Woods
    3. Nishat Azam
    4. Michael Leo Potter
    5. Robert C Graham
    5 lawyer answers

    I might recommend pushing for a financial guardianship over your father. He is aweful old and has a known physical disability. As his daughter, you would have a strong position in making sure the court supervises and approves any major changes. It would also force all of the investments and account holdings into a guardianship account rather than any joint accounts with his girlfriend.

    2 lawyers agreed with this answer

  9. My mom is in advanced stages of cancer (approx 1 month to live), still coherent but not expected to stay coherent much longer.

    Answered about 2 years ago.

    1. Astrid de Parry
    2. Matthew Erik Johnson
    3. Jesse Houston Clark
    4. Dennis Michael Phillips
    5. James P. Frederick
    6. ···
    6 lawyer answers

    First, the liens take priority over any transfer you would do at this date. Why would you and your brother want to assume liability that can and would be erased when your mom passes? I don't know what state you are in, but I would call the banks and tell them your mother is deceased and where would they like the keys delivered. Take the heirlooms that have no value to the banks and put them in your house before your mom dies as gifts. If you want to KEEP the house, then consult with an...

    2 lawyers agreed with this answer

  10. Which type of lawyer do I need? (In Nevada) My husband has died, at the age of 39. I'm not sure which "kind" of lawyer I need.

    Answered about 2 years ago.

    1. Michael T. Graves
    2. Robert C Graham
    3. Steven M Zelinger
    3 lawyer answers

    Let me try to answer at least one of these questions (you really need to see a probate attorney). Let's address debt. If the debt went to purchase items that were used together (that is the "community" aspect of the rule), then the creditors can technically come after you for 50% of the debt because you benefited as the community. Having said that, if the credit cards were in his name alone, my practice is to take a widow through a probate and then tell the creditors that there is no money...