Benjamin J. Comin’s Answers

Benjamin J. Comin

Las Vegas Business Attorney.

Contributor Level 8
  1. I need an attorney who specialises in civil tort action within the State of Nevada

    Answered about 4 years ago.

    1. Benjamin J. Comin
    1 lawyer answer

    There are a host of questions that must be answered before any lawyer would even consider taking your case. You may have some significant obstacles such as limitations on damages and governmental immunity statutes. I would suggest setting up an appointment with a local attorney to discuss the case in detail. Find an attorney who does a fair amount of civil litigation. Give me a call if I can be of assistance. Best of luck.

    1 person marked this answer as helpful

  2. Sibling suing estate/personal representative

    Answered over 4 years ago.

    1. Benjamin J. Comin
    2. Steven J. Fromm
    2 lawyer answers

    Usually, if a beneficiary or creditor of the estate does not contest within the proper time frame (ie. when the estate is open and upon reciept of notice) then they are barred from bringing a claim or contesting the probate. Nevada statutes provide that an estate may be reopened if new property is discovered or for correcting errors in the titling of property in the original probate. It is also possible to reopen the estate if fraud was committed in the original probate (like hiding a valid...

    1 person marked this answer as helpful

  3. How can we proof that it was under duress and what is the time limit for clark county to contest the will

    Answered over 4 years ago.

    1. Benjamin J. Comin
    1 lawyer answer

    There are specific legal standards that you must meet in order to demonstrate that a will was made as a result of "undue influence" or "incapacity." Those are the terms courts generally use, as opposed to "duress." These are distinct issues, but from your brief case description I can't determine which, if either, apply to your case. Generally you have three months from the time the will is admitted for probate to file a contest. This is only meant as general information as I am not familiar...

    1 person marked this answer as helpful

  4. Evasive discovery responses

    Answered over 3 years ago.

    1. Benjamin J. Comin
    2. Donald Curtis Kudler
    3. James Juo
    3 lawyer answers

    In addition to the response above, a motion to compel is also recognized in the Nevada Rules of Civil Procedure. Your motion will be heard by the discovery commissioner who is usually very firm with evasive responses. I would suggest you first look at the discovery commissioner opinions listed on the state bar website that will give you an idea of how they are dealt with.

  5. Can you counter-motion a motion for summary judgment? When is the last time you can motion for summary judgment?

    Answered about 4 years ago.

    1. Benjamin J. Comin
    2. Robert Edward Pugh
    3. James V Sabatini
    4. James E. Furbush
    4 lawyer answers

    I agree with the previous commenters that it is most appropriate to include a counter-motion for summary judgment in your opposition to their motion for summary judgment. As to your final questions, usually the scheduling order issued by the court will include a final date by which all "dispositive motions" must be filed. Check this date to determine the last date you can file your motion. Also, whether you can file one or more motions depends on how the court handles your first motion for...

  6. My aunt recently died she was 94 and i want to know how to get hold of her lawyer so we can see what the will says.how can i

    Answered about 4 years ago.

    1. Jonathan Craig Reed
    2. Benjamin J. Comin
    3. Theodore W. Robinson
    3 lawyer answers

    In addition to the good advice that has already been given, I will also let you know that there is a procedure available through the courts to compel someone to disclose a will. I would try to exhaust other remedies first, but this is an alternative if you find yourself without other viable options.

  7. Can the Executor of a Will file and split ownership of estate under $200,000.00 without probate ?

    Answered over 4 years ago.

    1. Benjamin J. Comin
    2. Dara J. Goldsmith
    3. Steven J. Fromm
    3 lawyer answers

    Yes, probate will be required but in Nevada if the estate is worth less than $200,000 there is an abbreviated version of probate called "summary administration." It moves a little quicker than a general administration but is, for the most part, very similar. I would recommend talking to a probate attorney who can guide you through the process. If your case if pretty straightforward most firms will quote you a flat fee to handle a matter like this. Best of luck. This is meant as general...

  8. How can a deed be quickly transferred from my brother to his son?

    Answered over 4 years ago.

    1. Benjamin J. Comin
    2. Steven J. Fromm
    3. Brianne M Kampbell
    3 lawyer answers

    This is an unfortunate position to be in for the reasons outlined above. Most likely you will need to obtain a guardianship to be able to do anything with your brother's property. Guardianships are usually quite expensive. First, I would be certain that your brother does not, in fact, have capacity. Dementia comes in many shades. I have handled cases involving "mild dementia" where the person was found to have possessed sufficient capacity to dispose of her property. For a relatively small fee...

  9. I have legal guardianship of my aunt who is mentally disabled in las vegas....now my mom wants to take care of her...

    Answered over 4 years ago.

    1. Benjamin J. Comin
    2. Steven J. Fromm
    2 lawyer answers

    Will your aunt be leaving Las Vegas? If you already have a guardianship in place, you will have to get court approval to move your aunt out of state before you do anything. Nevada recently passed the ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT which may make your job a bit easier. With that being said, I agree that you will need the assistance of a guardianship attorney to do this right. Best of luck to you. This information is meant only as general advice. You should...

  10. How do I find out if a will has been probated?

    Answered over 4 years ago.

    1. Shawn G. Pearson
    2. Benjamin J. Comin
    2 lawyer answers

    I would certainly recommend that you exhaust your informal channels to obtain the will before resorting to the courts. If you can't get it, however, there are some things you can do. A person in possession of a will is required to lodge it with the court within 30 days of the decedent's death. If they don't do so, you can file a petition for an order to compel them to disclose it. Once the will has been lodged with the court you can review it. If something looks fishy you can then file a will...