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Benjamin J. Comin

Benjamin Comin’s Answers

22 total

  • Evasive discovery responses

    Plaintiff has been given ample opportunity to revise his responses so they are proper. Unfortunately he is still being evasive. What is the next natural step? Motion to strike answers? Motion to dismiss? Motion for sanctions? Any other Motion?

    Benjamin’s Answer

    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.

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

    I guess what the question asks - Can you counter-motion a motion for summary judgment? Also when is the last time you can put in a summary judgment and can you do more than one?

    Benjamin’s Answer

    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 summary judgment. If they dismiss it with prejudice, you're done. If they dismiss "without prejudice" or with leave to renew the motion, then you can file a subsequent motion.

    As stated by previous commenters, I would recommend consulting an attorney. If your case is good it will be well worth the money you spend if it increases your chances of winning on summary judgment. The advice given here is only general advice and should not be relied upon without consulting an attorney.

    Best of luck.

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  • 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

    locate him. Her brother hangs up when i call. hes kept her from us all these years.

    Benjamin’s Answer

    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.

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  • I need an attorney who specialises in civil tort action within the State of Nevada

    Hi, I am seeking legal representation to bring Civil action against the State of Nevada. I am ready to retain immediately. Thanks.

    Benjamin’s 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.

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

    What form can be filed to split property of deceased parents to siblings ?

    Benjamin’s Answer

    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 advice only and I recommend that you consult an attorney before relying on any advice given here.

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

    My brother has deminta and is unable to care for himself. To protect his assets, the deed to his house needs to transfered to his son. Is there any inexpensive way to do this - money is an issue.

    Benjamin’s Answer

    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 an attorney could guide you through this process to determine whether your brother has capacity and to avoid later challenges to the transfer.

    Hope this helps. Remember, this advice is only based upon what you've written here. Consult with an attorney who can give you advice based upon the totality of your circumstances. This is intended only as general advice.

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

    how do i transfer guardianship from las vegas to my mom in alabama

    Benjamin’s Answer

    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 consult with an attorney who can get the full facts of your situation and provide you with legal advice.

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

    My Grandmother passed away in June and I know that her and my Grandfather had wills. My Grand father is still alive but my uncle is doing everything in his power to keep all family away from my Grandfather. If my Grandfather passes away how do I f...

    Benjamin’s Answer

    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 contest. You'll have to show that the will was the product of undue influence or that your grandmother lacked capacity when she executed the will.

    Having handled a number of these cases, I can tell you that it will be difficult to handle this without the assistance of an attorney. You should start by getting your hands on the will and any prior wills to see if any major changes were made in your grandmother's will. If you see something that doesn't look right, get an attorney who practices probate law and litigation (these cases are more litigation than probate).

    Best of luck to you.

    This advice is based upon the limited facts you have provided here and is not meant to be comprehensive or to replace an actual consultation with an attorney.

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  • Sibling suing estate/personal representative

    I have a feeling that my sibling will attempt to sue the estate or me personally even after the estate is closed. How long does one have until they can no longer hold the estate or Personal Representative personally responsible for something? Is t...

    Benjamin’s Answer

    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 will or something of that nature). In the absence of these events it will be difficult for your sibling to bring suit after the probate has been closed.

    Best of luck to you.

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

    my grandpa passes on and we feel he made the will under duress because his wife had passed away a few months after the will was done.

    Benjamin’s 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 with the particulars of your case. I would suggest that you contact an attorney immediately to determine if you have a case and when you must bring it.

    Best of luck to you.

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