1 00:00:00,240 --> 00:00:02,970 Kevin Krall: You're listening to special programming sponsored by 2 00:00:02,970 --> 00:00:06,720 Stovall and Associates law firm. The content of this program does 3 00:00:06,720 --> 00:00:10,800 not reflect the views or opinions of 91.5 Jas and more, 4 00:00:10,920 --> 00:00:14,520 the University of Nevada Las Vegas or the Board of Regents of 5 00:00:14,520 --> 00:00:16,770 the Nevada System of Higher Education. 6 00:00:20,790 --> 00:00:23,370 Unknown: Good morning, Las Vegas. This is Larissa Jehova, 7 00:00:23,370 --> 00:00:26,220 TSA Attorney at Law and I am joined by my partner 8 00:00:26,220 --> 00:00:28,710 here. This is Leslie Stovall, how're you doing? This morning, 9 00:00:28,770 --> 00:00:32,880 we are putting on a show called Las Vegas law Talk where we are 10 00:00:32,880 --> 00:00:37,860 going to be discussing how the law applies to you guys as 11 00:00:37,860 --> 00:00:42,000 listeners, and we're going to be discussing legal current events. 12 00:00:42,360 --> 00:00:45,420 And in today's show, we are going to be discussing the 13 00:00:45,420 --> 00:00:49,920 legislative changes in Nevada that take effect January one of 14 00:00:49,920 --> 00:00:54,630 this year, we are going to be talking about the current events 15 00:00:54,630 --> 00:00:58,080 in the news and how they relate to the law. And we are also 16 00:00:58,080 --> 00:01:01,860 going to be discussing what you need to know if somebody close 17 00:01:01,860 --> 00:01:05,220 to you passes away, not just what you need to know as far as 18 00:01:05,220 --> 00:01:08,730 how to cope with the loss of a loved one, but the legal aspects 19 00:01:08,730 --> 00:01:14,550 that apply when a person dies. So on January 1 of this year, 20 00:01:14,580 --> 00:01:19,830 there are a number of changes that Nevada has voted in to be 21 00:01:20,310 --> 00:01:24,060 coming into effect, and one of them will be the permanent mail 22 00:01:24,090 --> 00:01:28,620 voting. Now what that does is it requires all county and city 23 00:01:28,620 --> 00:01:33,300 clerks to send every active registered voter and mail ballot 24 00:01:33,300 --> 00:01:36,090 before each primary general election. You know, 25 00:01:36,090 --> 00:01:39,330 that's really interesting. One of the arguments that you see 26 00:01:39,330 --> 00:01:41,550 across the country is whether or not there should be mail in 27 00:01:41,550 --> 00:01:45,420 voting. This certainly helps people have the opportunity to 28 00:01:45,420 --> 00:01:48,750 vote if they're not able to get down to their voting or place of 29 00:01:48,750 --> 00:01:49,080 voting. 30 00:01:49,499 --> 00:01:56,069 I agree with you. One of the major legislations for women my 31 00:01:56,069 --> 00:02:01,169 age is that doctor visits are no longer required to receive 32 00:02:01,169 --> 00:02:05,219 certain types of birth control. Now, this is going to be key 33 00:02:05,219 --> 00:02:09,809 because what happens is, many of the male listeners might not 34 00:02:09,809 --> 00:02:12,929 know but my mom is in the women's healthcare industry. 35 00:02:13,499 --> 00:02:17,219 When you run out of your birth control, you are required 36 00:02:17,219 --> 00:02:21,509 typically to have a doctor's appointment to refill those. And 37 00:02:21,689 --> 00:02:25,799 in this particular legislation, it's going to allow individuals 38 00:02:25,799 --> 00:02:28,829 to get those refilled without the doctor visits, hopefully 39 00:02:29,009 --> 00:02:32,069 making it more convenient and cutting down on unwanted 40 00:02:32,069 --> 00:02:32,879 pregnancies. 41 00:02:33,120 --> 00:02:36,930 Worse, I understand there's also been a change in Medicaid for 42 00:02:36,960 --> 00:02:40,800 incarcerated people. What did the state legislature do with 43 00:02:40,800 --> 00:02:41,040 that? 44 00:02:41,070 --> 00:02:45,750 Sure. So beginning on the first of this month, there's now a 45 00:02:45,750 --> 00:02:49,740 more seamless transition for Medicaid eligibility for 46 00:02:49,740 --> 00:02:53,790 incarcerated people. Previously, when an individual was receiving 47 00:02:53,790 --> 00:02:57,000 Medicaid and became incarcerated, their coverage 48 00:02:57,000 --> 00:03:01,680 would be terminated. That caused a lot of problems when they were 49 00:03:01,680 --> 00:03:05,910 out of incarceration and had to reapply for Medicaid. Now, when 50 00:03:05,910 --> 00:03:09,810 a person is incarcerated, their Medicaid eligibility is only 51 00:03:09,810 --> 00:03:13,680 suspended rather than terminated. The bill specifies 52 00:03:13,680 --> 00:03:17,430 that individuals who were not previously on Medicaid should be 53 00:03:17,430 --> 00:03:21,600 allowed to apply for enrollment in the program up to six months 54 00:03:21,600 --> 00:03:23,520 before their scheduled release date. 55 00:03:23,850 --> 00:03:27,870 Well, Laura, I understand there's another Medicare, excuse 56 00:03:27,870 --> 00:03:31,170 me Medicaid service change that's coming up. Would you like 57 00:03:31,170 --> 00:03:31,590 to explain 58 00:03:31,590 --> 00:03:34,980 that one? Sure. There have been changes to Nevada's state 59 00:03:34,980 --> 00:03:38,850 Medicaid program including coverages for doula services, 60 00:03:39,240 --> 00:03:42,330 coverage for community health workers, and presumptive 61 00:03:42,330 --> 00:03:47,640 eligibility for pregnant women. That statue also makes changes 62 00:03:47,640 --> 00:03:51,180 to Medicaid coverage for doula services and takes effect today. 63 00:03:51,330 --> 00:03:51,600 Yeah, 64 00:03:51,599 --> 00:03:54,029 this new law implements the state Supreme Court order 65 00:03:54,029 --> 00:03:57,719 establishing a statutory right to a jury trial for a person 66 00:03:57,719 --> 00:04:01,439 charged with misdemeanor domestic violence, that would 67 00:04:01,499 --> 00:04:05,969 lead to the defendant losing his firearm ownership rights. 68 00:04:06,330 --> 00:04:10,110 This was huge, because previously in domestic violence 69 00:04:10,110 --> 00:04:15,270 cases, there were not jury trials. And there were a lot of 70 00:04:15,270 --> 00:04:19,920 individuals who felt that losing their right to be able to carry 71 00:04:19,920 --> 00:04:22,920 a firearm, which is a consequence of being convicted 72 00:04:22,950 --> 00:04:27,900 of a domestic violence charge would necessitate the need for a 73 00:04:27,900 --> 00:04:29,220 jury trial. Well, that's 74 00:04:29,220 --> 00:04:34,500 right. And people, not only the right carrier, firearm, but also 75 00:04:34,500 --> 00:04:37,620 employment. People in the military people in law 76 00:04:37,620 --> 00:04:43,590 enforcement would lose their jobs if they were convicted of a 77 00:04:43,590 --> 00:04:47,520 domestic violence charge, and now they have the opportunity go 78 00:04:47,640 --> 00:04:50,520 before a jury and have a jury make that decision. 79 00:04:50,550 --> 00:04:54,150 So what this law really has done, it has created a framework 80 00:04:54,150 --> 00:04:58,680 to hold jury trials in municipal court which was not previously 81 00:04:58,680 --> 00:04:59,340 available 82 00:05:00,000 --> 00:05:02,910 That's correct. You know, the one change that I see in the 83 00:05:02,910 --> 00:05:08,190 political system has to do with the end of the presidential 84 00:05:08,190 --> 00:05:13,650 caucuses, and Nevada had a rather unique way of determining 85 00:05:13,650 --> 00:05:17,040 who would be a presidential candidate through the caucus 86 00:05:17,040 --> 00:05:20,550 system. This year, the legislature has adopted the 87 00:05:20,550 --> 00:05:23,970 primary system, which means every voter gets to go out and 88 00:05:23,970 --> 00:05:28,200 vote for the person they think should be the party's candidate 89 00:05:28,230 --> 00:05:32,430 for the general election. And that is really a significant 90 00:05:32,430 --> 00:05:32,970 change. 91 00:05:33,480 --> 00:05:38,850 Well, one of my favorite changes to legislation this year is that 92 00:05:38,850 --> 00:05:43,620 savings accounts for low income Nevadans have been established. 93 00:05:44,250 --> 00:05:48,720 This new law kicked in January 1, and it will allow some low 94 00:05:48,720 --> 00:05:51,510 income people to create a savings account and receive 95 00:05:51,510 --> 00:05:55,440 matching funds from a bank to multiply their deposits up to 96 00:05:55,440 --> 00:05:59,670 fivefold. The new program called the Individual Development 97 00:05:59,670 --> 00:06:02,820 Account Program will be available to people living in 98 00:06:02,820 --> 00:06:07,200 low income housing projects who have enrolled in Medicaid, or 99 00:06:07,200 --> 00:06:10,770 who are in the foster care system. The law calls for the 100 00:06:10,770 --> 00:06:14,580 State Treasurer to accept grants and donations, and use them to 101 00:06:14,580 --> 00:06:19,800 match deposited funds by account holders with up to $3,000 per 102 00:06:19,800 --> 00:06:23,700 beneficiary per year. The state is also required to provide 103 00:06:23,850 --> 00:06:27,990 financial literacy training to account holders, which I think 104 00:06:28,020 --> 00:06:32,400 is awesome. I also think that financial literacy training 105 00:06:32,640 --> 00:06:36,000 should be a requirement in Nevada public schools. 106 00:06:37,500 --> 00:06:40,200 Before we leave legislative changes, I do want to point out 107 00:06:40,200 --> 00:06:44,010 that the state legislature has changed the carseat requirements 108 00:06:44,010 --> 00:06:48,870 for children who used to be children had to be in a car seat 109 00:06:48,870 --> 00:06:52,890 if there are six, under six years of age and weighed 60 110 00:06:52,890 --> 00:06:56,340 pounds or less. The weight requirement has been eliminated 111 00:06:56,340 --> 00:07:00,420 now is children under the age of 60, who are less than 57 inches 112 00:07:00,420 --> 00:07:05,730 tall. So folks if you have children, or grandchildren or 113 00:07:05,730 --> 00:07:10,050 grandchildren, keep that in mind when you are making a decision 114 00:07:10,050 --> 00:07:10,800 about a car seat. 115 00:07:11,070 --> 00:07:15,150 Great. So now that we have the legal changes in Nevada covered, 116 00:07:15,210 --> 00:07:19,200 I want to talk about current legal news. Now something that I 117 00:07:19,200 --> 00:07:26,100 found shocking and interesting was that 2021 was the deadliest 118 00:07:26,280 --> 00:07:31,410 year for homicides in many US cities. Philly, Portland, 119 00:07:31,500 --> 00:07:37,350 Louisville, and Albuquerque had their deadliest year on record. 120 00:07:37,740 --> 00:07:40,590 It's inexplicable the amount of violence that has occurred over 121 00:07:40,590 --> 00:07:45,960 this last year. Not only do you have these record numbers of 122 00:07:45,960 --> 00:07:48,660 homicides, but there's also a record number of children who 123 00:07:48,660 --> 00:07:51,840 have been killed by gun violence. It's reported that 124 00:07:51,840 --> 00:07:55,680 1500 children and these are children and teenagers under the 125 00:07:55,680 --> 00:07:59,610 age of eight teen have been killed by gun violence this last 126 00:07:59,610 --> 00:08:05,190 year that exceeds the year before 1300 80 in 2021 of 127 00:08:05,190 --> 00:08:09,570 the things that I see are parents who are negligent in 128 00:08:09,570 --> 00:08:13,200 leaving firearms available to children and teens. 129 00:08:13,230 --> 00:08:17,190 That's a terrible problem. I don't know what what parents are 130 00:08:17,190 --> 00:08:20,220 thinking or caretakers are thinking about leaving a 131 00:08:20,220 --> 00:08:24,540 firearm, a pistol or even long gun available to children. 132 00:08:25,020 --> 00:08:27,810 Children are inquisitive, they dig around, they play around in 133 00:08:27,810 --> 00:08:30,150 the house, they pick up something like a gun. 134 00:08:30,239 --> 00:08:33,509 And what parents need to know is they can be held criminally 135 00:08:33,539 --> 00:08:38,639 liable for leaving guns available for children and teens 136 00:08:38,999 --> 00:08:43,619 to be able to take and either injure themselves or injure or 137 00:08:43,619 --> 00:08:45,149 kill others, not only can 138 00:08:45,150 --> 00:08:48,780 they be held criminally liable, there's also civil penalties, 139 00:08:48,810 --> 00:08:54,690 which is monitoring or by Child Protective Services. And it's 140 00:08:55,110 --> 00:08:58,470 not to mention lawsuits. Well, not to mention lawsuits because 141 00:08:58,470 --> 00:09:02,310 if you have a visitor coming into a home, and their child is 142 00:09:02,310 --> 00:09:05,550 injured as a result of a gun, the parents are going to be held 143 00:09:05,550 --> 00:09:10,020 liable when we saw in the most recent shooting by that young 144 00:09:10,020 --> 00:09:13,020 man, where both of the parents have been charged up in 145 00:09:13,020 --> 00:09:13,860 Wisconsin, 146 00:09:14,220 --> 00:09:17,880 I think for giving him the gun when he knew he was unstable. 147 00:09:17,910 --> 00:09:19,800 Well, that's right. And one of the other things that's been 148 00:09:19,800 --> 00:09:23,910 noted is that many teenagers are obtaining what are are 149 00:09:23,910 --> 00:09:27,300 untraceable ghost guns. And these are guns that are made 150 00:09:27,300 --> 00:09:30,090 from kits or they're parts of guns that are put together to 151 00:09:30,090 --> 00:09:33,900 form of functioning gun. In fact, here in Nevada, the Nevada 152 00:09:33,900 --> 00:09:38,130 legislature just passed a legislation and it goes into 153 00:09:38,130 --> 00:09:42,780 effect this month that outlaws ghost guns here in Nevada. 154 00:09:42,900 --> 00:09:47,550 That's interesting. Center talking about guns. I want to 155 00:09:48,690 --> 00:09:54,090 talk about the Alec Baldwin shooting case. And there are 156 00:09:54,090 --> 00:09:59,190 many articles still coming out about the investigation in to 157 00:09:59,220 --> 00:10:04,020 the unfortunate and terrible accidental shooting death of an 158 00:10:04,020 --> 00:10:08,190 individual who was on set. Do you have any comment or any type 159 00:10:08,190 --> 00:10:10,230 of analysis of that case? 160 00:10:10,410 --> 00:10:12,600 Well, recently, it was reported that Alec Baldwin owns the 161 00:10:12,600 --> 00:10:17,040 production company that employed the individual that gave Alec 162 00:10:17,040 --> 00:10:20,400 Baldwin the gun that was loaded. 163 00:10:21,120 --> 00:10:25,080 But it was not supposed to be loaded. All the bullets were 164 00:10:25,080 --> 00:10:29,700 supposed to be blanks, and it's unknown how live bullets got 165 00:10:29,730 --> 00:10:32,100 into the mix of blanks? 166 00:10:32,340 --> 00:10:35,100 Well, I have to tell you, I, I don't understand how anybody 167 00:10:35,100 --> 00:10:38,790 that has a firearm, or a pistol in their hand that would pointed 168 00:10:38,790 --> 00:10:41,430 at somebody without first themselves looking at it and 169 00:10:41,430 --> 00:10:45,810 making sure that that did not have live and ammunition in it 170 00:10:46,020 --> 00:10:46,560 in the first 171 00:10:46,560 --> 00:10:48,990 place. They had somebody that they hired to do that. 172 00:10:50,280 --> 00:10:55,230 I'm just telling you, I wouldn't trust somebody to hand me as a 173 00:10:55,230 --> 00:10:58,830 firearm if I was going to be pointing it at somebody. That's 174 00:10:58,830 --> 00:11:01,620 how accidents occurred. In my opinion, he should have been 175 00:11:01,620 --> 00:11:04,440 looking in the first place. Now, you know, the real question is 176 00:11:04,440 --> 00:11:07,050 whether or not I think a lot of people are wondering this is 177 00:11:07,050 --> 00:11:11,010 this if he's going to be charged criminally? He certainly has 178 00:11:11,010 --> 00:11:14,070 civil liability, not only because he owns a production 179 00:11:14,070 --> 00:11:20,070 company, but because he did not look at that gun himself. And 180 00:11:20,580 --> 00:11:24,450 with regards to crime, I don't know. He may have some criminal 181 00:11:24,450 --> 00:11:28,440 liability because of the circumstances under which this 182 00:11:28,470 --> 00:11:29,520 killing occurred. 183 00:11:30,420 --> 00:11:34,890 Well, the investigation is still open. So we shall see what will 184 00:11:34,890 --> 00:11:37,950 result from this unfortunate accident and my heart goes out 185 00:11:37,950 --> 00:11:41,550 to the victim, not only the one who passed away, but there was 186 00:11:41,550 --> 00:11:43,800 another individual who was injured as well. 187 00:11:44,250 --> 00:11:48,420 That's right. Hey, did you hear about the phony bourbon that's 188 00:11:48,420 --> 00:11:50,100 being sold? No, but 189 00:11:50,100 --> 00:11:51,120 I'm sure you drink it. 190 00:11:51,270 --> 00:11:53,670 No, I didn't. That's funny. 191 00:11:54,090 --> 00:11:57,120 No, I'm just kidding. I know you like the good stuff. I've seen 192 00:11:57,120 --> 00:11:59,640 your receipts when you visit the liquor store. 193 00:12:00,240 --> 00:12:04,260 Well, what's happening apparently, is these high price 194 00:12:04,770 --> 00:12:07,680 collector liquors. I didn't even know there was such a thing. 195 00:12:08,100 --> 00:12:11,520 People have been buying the empty bottles and then refilling 196 00:12:11,520 --> 00:12:14,490 them with cheap liquor and then selling them over the internet 197 00:12:14,610 --> 00:12:18,150 for 1000s of dollars. Not surprised, and it's all 198 00:12:18,150 --> 00:12:21,360 happening over the internet. So hey, Larissa. Did you see where 199 00:12:21,360 --> 00:12:27,000 the German government is looking at? legalizing recreational 200 00:12:27,000 --> 00:12:30,360 marijuana? nationally? Yeah, though entire country they're 201 00:12:30,360 --> 00:12:34,170 gonna legalize marijuana use and they think that the EU, the 202 00:12:34,170 --> 00:12:36,570 European Union is going to follow that means all the other 203 00:12:36,570 --> 00:12:40,380 countries in Europe will move to legal legalize marijuana. 204 00:12:40,890 --> 00:12:43,560 They must need money. Tax money. Well, 205 00:12:43,589 --> 00:12:47,699 you know, here in Nevada, the legalization of recreational 206 00:12:47,699 --> 00:12:50,849 marijuana has really paid off. This last year, it's been 207 00:12:50,849 --> 00:12:55,349 reported that the state sold over a well over a billion 208 00:12:55,349 --> 00:12:57,989 dollars of product was sold in the state and the state has 209 00:12:57,989 --> 00:13:02,099 received $159 million in tax revenue from the sale of 210 00:13:02,099 --> 00:13:02,579 marijuana. 211 00:13:03,360 --> 00:13:07,260 Now, I was under the impression that money was supposed to be 212 00:13:07,260 --> 00:13:11,820 given to the Clark County School District and educational funding 213 00:13:11,820 --> 00:13:12,720 has that happened? 214 00:13:12,900 --> 00:13:16,200 Well, it appears to the reporting is that the this tax 215 00:13:16,200 --> 00:13:19,950 revenue money from the sale of marijuana is being distributed 216 00:13:19,950 --> 00:13:22,950 through the through the school systems, not just to Clark 217 00:13:22,950 --> 00:13:26,880 County, but it goes to all of them. It's interesting, I don't 218 00:13:26,880 --> 00:13:29,100 know how many how they calculated it. But they said 219 00:13:29,100 --> 00:13:33,480 that that really works out to be about three $350 per student in 220 00:13:33,480 --> 00:13:37,080 additional funding to the educational system, which is 221 00:13:37,080 --> 00:13:40,830 good. Every Every dollar helps, because our school system in 222 00:13:40,830 --> 00:13:44,700 particular needs needs a lot of help, because we're not very 223 00:13:45,360 --> 00:13:48,300 highly rated. Yeah, unfortunately, you know, 224 00:13:48,840 --> 00:13:52,740 well, one other article that I found interesting, since we're 225 00:13:52,740 --> 00:13:59,550 talking about controlled substances, was the interview of 226 00:13:59,550 --> 00:14:06,060 Travis Scott, regarding the Astro world tragedy. If some of 227 00:14:06,060 --> 00:14:09,900 the listeners are unfamiliar with this case, there have been 228 00:14:09,900 --> 00:14:13,680 more than a billion dollars worth of lawsuits filed against 229 00:14:13,950 --> 00:14:18,600 Travis Scott Drake, and the production company that put on a 230 00:14:18,600 --> 00:14:25,890 concert a few months ago, that left many injured or dead. It is 231 00:14:25,890 --> 00:14:31,860 reported that Travis Scott was performing at his concert. And 232 00:14:32,010 --> 00:14:36,780 there were crowds rushing the stage and as a result, many 233 00:14:36,780 --> 00:14:41,310 people were injured. It is unknown whether or not Travis 234 00:14:41,310 --> 00:14:45,180 Scott knew of this tragedy, but at the time it was occurring and 235 00:14:45,210 --> 00:14:51,120 for a long time thereafter. He kept performing and the 236 00:14:51,120 --> 00:14:54,960 individuals who were injured or passed away were unable to get 237 00:14:54,960 --> 00:14:55,350 help. 238 00:14:55,679 --> 00:14:59,999 It's a it's a tragedy. Eight people were killed 300 People 239 00:14:59,999 --> 00:15:03,389 people were injured during the concert. And there were 240 00:15:03,419 --> 00:15:07,049 apparently 50,000 people within the area that were searching the 241 00:15:07,049 --> 00:15:13,139 stage. And unfortunately, this is something that has happened 242 00:15:13,139 --> 00:15:17,159 repeatedly at the Travis Scott concerts, there were concerts in 243 00:15:17,159 --> 00:15:21,869 2017 and 2016, where they had problems with crowds surging, 244 00:15:21,899 --> 00:15:25,619 also with people jumping over barriers. And Travis Scott 245 00:15:25,649 --> 00:15:30,059 himself describes his concerts as these high energy concerts 246 00:15:30,059 --> 00:15:33,689 where people are encouraged to do how they feel, I suppose is 247 00:15:33,689 --> 00:15:34,559 the best way to put it. 248 00:15:35,070 --> 00:15:39,780 What's your opinion on whether or not he should be held 249 00:15:39,780 --> 00:15:43,920 responsible, whether criminally or financially for the deaths or 250 00:15:43,920 --> 00:15:46,980 injuries of those individuals who attended that concert? 251 00:15:47,310 --> 00:15:49,560 Well, you know, he may be exposed to criminal liability 252 00:15:49,560 --> 00:15:51,600 because of the way he's conducted himself in prior 253 00:15:51,600 --> 00:15:56,550 concerts. And the same problem occurring on? Well, this looks 254 00:15:56,550 --> 00:16:00,270 like about three times certainly has civil liability, not only 255 00:16:00,270 --> 00:16:04,050 him, but anyone who was involved in the production of that and 256 00:16:04,350 --> 00:16:10,170 staging that concert, I also think you may be looking at the 257 00:16:10,200 --> 00:16:13,350 local government being responsible, because it seems to 258 00:16:13,350 --> 00:16:17,760 me that you would have to know that with this particular 259 00:16:17,760 --> 00:16:19,980 entertainer and the number of people that are going to be 260 00:16:19,980 --> 00:16:23,940 present that you'd have to take extraordinary steps or 261 00:16:24,240 --> 00:16:28,770 management to keep this from occurring. Again, I don't think 262 00:16:28,770 --> 00:16:32,130 it was a surprise, or anybody that is going to take a look at 263 00:16:32,130 --> 00:16:37,680 what happened, I would say this, this doesn't surprise them that 264 00:16:37,680 --> 00:16:38,280 it occurred. 265 00:16:39,120 --> 00:16:44,430 Well, my heart goes out to all the families of the injured and 266 00:16:44,430 --> 00:16:49,470 deceased individuals. And that leads me into my next 267 00:16:49,470 --> 00:16:55,230 conversation with you, which is what to do when somebody close 268 00:16:55,230 --> 00:16:57,210 to you passes away. 269 00:16:57,810 --> 00:17:02,730 You know, this is really an important matter, an important 270 00:17:02,730 --> 00:17:06,600 issue in today's environment, you know, we've lived through 271 00:17:06,870 --> 00:17:11,610 two years now, of pandemic, and it's shocking the number of 272 00:17:11,610 --> 00:17:15,300 people that have died or have have been seriously injured 273 00:17:15,300 --> 00:17:19,590 because of the COVID virus. And look at us now, here we are 274 00:17:19,620 --> 00:17:29,070 2022. And we're facing another variant of a virus. And that 275 00:17:29,070 --> 00:17:33,540 leads to disabilities and death. And I think you're probably in a 276 00:17:33,540 --> 00:17:37,620 good position to talk about this, really think about how 277 00:17:37,860 --> 00:17:41,340 they're going to take care of their families in the event of 278 00:17:41,340 --> 00:17:44,280 their death or disability. And I know that's an area that you do 279 00:17:44,280 --> 00:17:46,680 a lot of well, almost exclusively working. 280 00:17:47,490 --> 00:17:51,090 Right. As you know, I do a lot of probate and estate planning 281 00:17:51,090 --> 00:17:56,010 work. And one of the, I would say good things that came out of 282 00:17:56,010 --> 00:18:00,840 COVID in my eyes as an attorney is that it required a lot of 283 00:18:00,840 --> 00:18:04,830 people to face their own mortality, and start thinking 284 00:18:04,830 --> 00:18:10,080 more about planning for death or disability regardless of age. I 285 00:18:10,080 --> 00:18:13,740 know that my estate planning practice where I drafted Wills 286 00:18:13,740 --> 00:18:18,600 and Trusts for people exploded last year, more young people are 287 00:18:18,600 --> 00:18:22,350 thinking about getting wills in place and trusts. My friends 288 00:18:22,350 --> 00:18:28,050 that our life insurance agents told me that they were extremely 289 00:18:28,050 --> 00:18:32,820 busy selling life insurance policies, because of COVID. And 290 00:18:32,820 --> 00:18:36,270 unfortunately, my business did pick up in the area of probate 291 00:18:36,270 --> 00:18:41,610 where individuals passed away and their loved ones were were 292 00:18:41,610 --> 00:18:48,330 left to handle the legal affairs of the decedent. And in my 293 00:18:48,330 --> 00:18:51,990 opinion, there's not enough information out there about what 294 00:18:51,990 --> 00:18:56,910 somebody needs to do when their spouse or loved one or mother or 295 00:18:56,910 --> 00:19:00,630 father passes away. It's almost as if you have to get an 296 00:19:00,630 --> 00:19:03,300 attorney to know what to do when somebody dies. 297 00:19:03,570 --> 00:19:05,760 You know, that's been my experience also is that people 298 00:19:05,760 --> 00:19:09,540 really don't know don't understand what their legal 299 00:19:09,540 --> 00:19:12,510 position is, when a loved one passes away, and they have no 300 00:19:12,510 --> 00:19:14,520 idea what probate really does. 301 00:19:14,820 --> 00:19:19,440 Yeah, a lot of people don't know what to do with probate, how to 302 00:19:19,440 --> 00:19:23,520 transfer the assets, they don't even know that you are supposed 303 00:19:23,520 --> 00:19:27,240 to report the death of a loved one to their credit card 304 00:19:27,240 --> 00:19:31,650 companies. to Social Security, you need to cancel their credit 305 00:19:31,650 --> 00:19:36,060 cards you need to cancel their passport. There's a whole long 306 00:19:36,060 --> 00:19:40,830 list of items that people need to do when somebody passes away 307 00:19:40,860 --> 00:19:44,670 to protect the legal rights of the deceased and the 308 00:19:44,670 --> 00:19:49,470 beneficiaries and any creditors. And I've actually made this list 309 00:19:49,470 --> 00:19:54,750 available on our website. So if the listeners have questions on 310 00:19:54,750 --> 00:19:58,440 what to do when somebody passes away, they can visit our website 311 00:19:58,860 --> 00:20:04,350 at less stovall.com Um, Le s s t o v a l l.com. I have several 312 00:20:04,350 --> 00:20:08,400 blogs on the website and probate articles. But in my experience, 313 00:20:08,730 --> 00:20:12,540 a lot of people don't do the proper planning, before they 314 00:20:12,540 --> 00:20:18,120 pass away to save their loved ones, the time, money and 315 00:20:18,120 --> 00:20:22,020 anguish of having to deal with probate court and the conflicts. 316 00:20:23,730 --> 00:20:27,990 That's been my experience also. And I suppose there's really two 317 00:20:27,990 --> 00:20:32,520 different ways that individuals can do their estate planning 318 00:20:32,520 --> 00:20:35,910 one, they can prepare a will, or they can do a trust if they have 319 00:20:35,910 --> 00:20:39,570 assets that would benefit from being in a in a trust, 320 00:20:39,720 --> 00:20:43,350 right. But sometimes people don't need either as long as 321 00:20:43,350 --> 00:20:47,640 those assets are beneficiary designations. Meaning on a bank 322 00:20:47,640 --> 00:20:50,520 account, you could designate a beneficiary, you could designate 323 00:20:50,520 --> 00:20:55,440 a beneficiary on investment accounts, IRAs, 401, K's on life 324 00:20:55,440 --> 00:21:01,140 insurance, or if the property has a joint owner, those assets 325 00:21:01,140 --> 00:21:04,590 will avoid probate court. But a lot of people don't have the 326 00:21:04,590 --> 00:21:07,560 proper planning in the first place to know how to structure 327 00:21:07,560 --> 00:21:11,910 assets, any event of death or incapacity of a loved one 328 00:21:11,910 --> 00:21:13,710 spouse, or co owner. 329 00:21:13,950 --> 00:21:18,210 Well, what do you do, or offer to help people review their 330 00:21:18,210 --> 00:21:21,810 situation and decide what they should do for in the event of 331 00:21:21,810 --> 00:21:22,320 their death. 332 00:21:23,130 --> 00:21:26,910 So in my estate planning practice, I start all my 333 00:21:26,910 --> 00:21:30,570 sessions with a family wealth planning session. And normally, 334 00:21:30,570 --> 00:21:35,010 these sessions are $750, because they're two hour working 335 00:21:35,010 --> 00:21:40,140 meeting, where I analyze all the assets of the individuals, I 336 00:21:40,410 --> 00:21:46,200 analyze the family dynamics, and I go over the goals. And we talk 337 00:21:46,200 --> 00:21:49,260 about what would happen with their current plan, which is 338 00:21:49,260 --> 00:21:53,160 usually no plan. And we talk about the plan that would best 339 00:21:53,160 --> 00:21:58,110 fit their family situation, budget and dynamics. And those 340 00:21:58,110 --> 00:22:02,130 sessions are now complimentary due to a promotion that I have 341 00:22:02,160 --> 00:22:05,850 this quarter, where the complimentary family wealth 342 00:22:05,850 --> 00:22:09,990 planning session is now free. And there's no obligation to 343 00:22:09,990 --> 00:22:14,520 sign up with me. But it is a really good eye opening meeting 344 00:22:14,550 --> 00:22:18,240 to have with individuals because we go through each asset that 345 00:22:18,240 --> 00:22:22,260 they own, we see how that asset is owned, whether a joint owner 346 00:22:22,530 --> 00:22:27,390 or if it's owned solely. And we talk about what's going to 347 00:22:27,390 --> 00:22:30,210 happen to your property and your money if you become 348 00:22:30,210 --> 00:22:35,670 incapacitated or die. Now, there are different courses of action 349 00:22:35,670 --> 00:22:39,750 if a person becomes incapacitated, versus whether 350 00:22:39,750 --> 00:22:43,500 they pass away. Now if you get a comprehensive estate plan that 351 00:22:43,500 --> 00:22:47,850 will cover incapacity and death, and it will leave your family 352 00:22:47,850 --> 00:22:52,770 and loved ones free of court and conflict. But as I've seen, in 353 00:22:52,770 --> 00:22:56,070 most cases, people do not properly plan for death or 354 00:22:56,070 --> 00:23:01,770 incapacity. And they hire me to handle their guardianship cases 355 00:23:01,830 --> 00:23:03,120 and their probates. 356 00:23:03,209 --> 00:23:08,429 Well, how does how to do families avoid the long drawn 357 00:23:08,429 --> 00:23:14,279 out process of probate? In these kinds of situations, what can 358 00:23:14,279 --> 00:23:14,939 you offer them? 359 00:23:15,030 --> 00:23:18,210 Well, what I always recommend to my clients is getting a 360 00:23:18,210 --> 00:23:22,080 revocable living trust. And in a nutshell, that's where assets 361 00:23:22,080 --> 00:23:25,020 are transferred out of a person's name into a legal 362 00:23:25,020 --> 00:23:29,610 entity that they manage, and own and that they benefit from 363 00:23:29,610 --> 00:23:33,180 during their lifetime. And in the course of that trust 364 00:23:33,180 --> 00:23:36,240 planning, we designate a successor trustee to manage 365 00:23:36,270 --> 00:23:42,330 assets once a person passes away or becomes incapacitated, you 366 00:23:42,330 --> 00:23:45,540 know, either due to an injury or old age or anything of that 367 00:23:45,540 --> 00:23:49,980 nature. And then you designate beneficiaries to inherit your 368 00:23:49,980 --> 00:23:55,020 property when you pass away. And I generally recommend trusts to 369 00:23:55,020 --> 00:23:58,980 individuals whose family dynamics require that meaning 370 00:23:58,980 --> 00:24:02,910 they have minor children are multiple beneficiaries, and they 371 00:24:02,910 --> 00:24:07,170 want to stagger payments and ages and stages, meaning they 372 00:24:07,170 --> 00:24:10,830 don't want a loved one to necessarily get a large lump sum 373 00:24:10,830 --> 00:24:15,420 of money all at once. Only a tres can accomplish staggering 374 00:24:15,750 --> 00:24:19,950 the inheritance. If they have to go through probate. The 375 00:24:19,950 --> 00:24:22,950 individual who inherits the property will get all that money 376 00:24:22,950 --> 00:24:28,890 once the probate is over and in a situation of minors. Leaving 377 00:24:28,890 --> 00:24:33,630 property to minors is not a good idea because if they are 378 00:24:33,630 --> 00:24:36,180 entitled to that property upon your death, and they're under 379 00:24:36,180 --> 00:24:40,080 the age of 18, that money will end up in guardianship court and 380 00:24:40,080 --> 00:24:44,550 locked up until those minors reach the age of 18. And then at 381 00:24:44,550 --> 00:24:48,840 18, they will receive an inheritance with no oversight or 382 00:24:48,840 --> 00:24:52,890 direction and that's usually the last thing that a person wants 383 00:24:52,890 --> 00:24:56,070 to do is leave an 18 year old with a large amount of money 384 00:24:56,070 --> 00:25:00,420 with no direction or oversight. But just to talk about Roby in a 385 00:25:00,420 --> 00:25:05,250 nutshell, that is the court process of proving the validity 386 00:25:05,250 --> 00:25:10,710 of a will if there is one marshaling assets inventorying 387 00:25:10,710 --> 00:25:14,880 assets of a deceased person notifying and paying creditors 388 00:25:14,910 --> 00:25:22,050 and handling any claims that may be as a result of any type of 389 00:25:22,050 --> 00:25:26,940 lawsuit, I know, in your practice, you do file lawsuits 390 00:25:26,970 --> 00:25:30,450 on behalf of deceased people. And that always goes through 391 00:25:30,450 --> 00:25:31,050 probate court. 392 00:25:31,530 --> 00:25:35,130 Well, that's true, you have to petition to the probate court to 393 00:25:35,130 --> 00:25:38,040 appoint a personal representative to represent the 394 00:25:38,580 --> 00:25:39,360 decedent. 395 00:25:39,390 --> 00:25:45,720 So basically, if somebody dies, and there is money owed to them, 396 00:25:45,750 --> 00:25:48,900 they need a living person to handle the estate. 397 00:25:48,960 --> 00:25:53,670 Well, that's absolutely right. When a person dies, there is no 398 00:25:53,670 --> 00:26:00,150 one who can handle or transfer or collect assets on behalf of 399 00:26:00,150 --> 00:26:02,130 that dead person. 400 00:26:02,550 --> 00:26:04,740 Many people think just because they are married to somebody, 401 00:26:04,740 --> 00:26:06,990 they automatically get the money, or they can automatically 402 00:26:06,990 --> 00:26:09,480 do things just because they are married, and they forget that 403 00:26:09,480 --> 00:26:13,020 No, it has to go through court first. You have to be appointed. 404 00:26:13,020 --> 00:26:16,410 That's a process, it takes time, it costs money, and there's 405 00:26:16,410 --> 00:26:18,150 delays built in along the way. 406 00:26:18,240 --> 00:26:20,220 Well, and that's one of the advantages of a trust is you 407 00:26:20,220 --> 00:26:23,460 don't have to wait for the court to appoint you. An individual 408 00:26:23,460 --> 00:26:25,950 would be the administrator or personal representative of the 409 00:26:25,950 --> 00:26:29,910 estate, you don't have to ask the court to issue orders for 410 00:26:30,510 --> 00:26:34,980 payments of certain debts are things like that the trust is 411 00:26:34,980 --> 00:26:38,700 able to manage those things immediately upon death, and 412 00:26:38,910 --> 00:26:42,420 start distributing assets or paying off debts that are due. 413 00:26:42,869 --> 00:26:45,599 Right. And I think it's very important for listeners to know 414 00:26:45,599 --> 00:26:50,069 that once a person passes away, unless there's a beneficiary 415 00:26:50,069 --> 00:26:53,519 designated, or there's a co owner, all those assets are 416 00:26:53,519 --> 00:26:59,909 frozen. So if your husband or wife has $10 million in their 417 00:26:59,909 --> 00:27:02,879 bank account, and only their name is on it, and there's no 418 00:27:02,879 --> 00:27:06,209 beneficiary, you cannot get that money right away, it's going to 419 00:27:06,209 --> 00:27:08,729 have to go through probate court. And that's the importance 420 00:27:08,729 --> 00:27:11,939 of planning. Because if you know that your family will need money 421 00:27:11,939 --> 00:27:16,469 upon your passing, you will benefit from having a planning 422 00:27:16,469 --> 00:27:20,009 session with me to know how to set your family up to have that 423 00:27:20,009 --> 00:27:24,119 money if they need it for funeral expenses, bills, things 424 00:27:24,119 --> 00:27:24,599 like that. 425 00:27:24,810 --> 00:27:27,780 You know, another benefit of trust is that it's more private, 426 00:27:27,780 --> 00:27:31,350 when you are in probate, you have to file public accountings 427 00:27:31,350 --> 00:27:36,030 of assets in an estate in a trust. That does not occur. 428 00:27:36,420 --> 00:27:39,000 Yeah, and one of the things I think is particularly 429 00:27:39,000 --> 00:27:42,600 embarrassing is that the death certificate is made public, the 430 00:27:42,600 --> 00:27:46,470 only thing that's required to be redacted is the social security 431 00:27:46,470 --> 00:27:50,460 number. But many people don't understand your death 432 00:27:50,460 --> 00:27:53,460 certificate will be public, if it goes through probate, meaning 433 00:27:53,460 --> 00:27:56,910 your cause of death, whether you are married or widowed who 434 00:27:56,910 --> 00:28:01,800 you're informing was where you lived. And that's something I 435 00:28:01,800 --> 00:28:05,400 wouldn't want to happen if I was deceased, or what I died from, I 436 00:28:05,400 --> 00:28:07,860 just wouldn't want my death certificate to be public. 437 00:28:08,460 --> 00:28:12,660 Well, they do list out the causes of death. And that can be 438 00:28:12,660 --> 00:28:16,140 very personal. One of the other things that I think is 439 00:28:16,140 --> 00:28:19,800 beneficial interest is for parents, they're able to 440 00:28:19,830 --> 00:28:23,820 designate guardians for children. Is that true? 441 00:28:24,480 --> 00:28:28,710 Right? Well, it's very important for parents of minor children, 442 00:28:28,710 --> 00:28:32,370 because if like I said they leave money to minors, they're 443 00:28:32,370 --> 00:28:36,000 not able to actually obtain that money until they're 18 years 444 00:28:36,000 --> 00:28:39,930 old. And the guardianship process is a whole other animal. 445 00:28:40,590 --> 00:28:44,070 In addition, having to go through probate, there are a lot 446 00:28:44,070 --> 00:28:46,920 of resources available for people who want to know more 447 00:28:46,920 --> 00:28:50,040 about the probate process and guardianship. One of those is 448 00:28:50,040 --> 00:28:53,580 the website for the Legal Aid self help center of Southern 449 00:28:53,580 --> 00:28:57,360 Nevada. There's also our website where I have created a lot of 450 00:28:57,390 --> 00:29:03,060 blog articles and informational postings regarding the probate 451 00:29:03,060 --> 00:29:06,990 process guardianship estate planning, and anything that 452 00:29:06,990 --> 00:29:10,320 would be of benefit for people to know what to do when a loved 453 00:29:10,320 --> 00:29:14,220 one passes away. So the website that people can check out for 454 00:29:14,220 --> 00:29:18,780 more information is Les stovall.com. Or you can reach me 455 00:29:18,780 --> 00:29:24,120 by phone at 702-258-3034. I love to be a resource. 456 00:29:25,050 --> 00:29:27,990 Well, Larissa, how have you felt about our show today? This is 457 00:29:27,990 --> 00:29:31,470 the first one we've done together. Seems like I've 458 00:29:31,470 --> 00:29:32,730 enjoyed it. How about yourself? 459 00:29:32,790 --> 00:29:35,340 I've enjoyed it. I hope the listeners have enjoyed it. 460 00:29:35,699 --> 00:29:38,729 Well, we're gonna come back in a couple of weeks with another 461 00:29:38,729 --> 00:29:41,789 program and we plan on staying on the air for a while. Don't 462 00:29:41,789 --> 00:29:42,209 you agree? 463 00:29:42,270 --> 00:29:45,630 I agree. And if the listeners have anything they'd like us to 464 00:29:45,630 --> 00:29:49,920 talk about, they can visit the website and put in requests for 465 00:29:49,920 --> 00:29:53,340 information on what our show should be about. You bet. 466 00:29:53,490 --> 00:29:56,730 Look forward to hearing from folks I'd be very nice to give 467 00:29:56,730 --> 00:30:01,110 us some feedback on the show and what we can do to Answer 468 00:30:01,110 --> 00:30:03,060 questions for listeners. 469 00:30:03,270 --> 00:30:06,930 So listeners if you enjoyed the show or if you didn't enjoy the 470 00:30:06,930 --> 00:30:09,870 show and you want to tell us or if there are any topics that you 471 00:30:09,870 --> 00:30:13,620 would like us to discuss on our next shows, please visit the 472 00:30:13,620 --> 00:30:21,360 website www dot less stovall.com le SS to be a ll.com and send us 473 00:30:21,390 --> 00:30:24,090 a contact us form with your questions, comments and 474 00:30:24,090 --> 00:30:24,840 concerns. 475 00:30:29,280 --> 00:30:31,260 Kevin Krall: You've been listening to special programming 476 00:30:31,290 --> 00:30:34,800 sponsored by Stovall and Associates law firm. The content 477 00:30:34,800 --> 00:30:38,520 of this program did not reflect the views or opinions of 91.5 478 00:30:38,520 --> 00:30:42,120 Jazz and more, the University of Nevada Las Vegas or the Board of 479 00:30:42,120 --> 00:30:45,000 Regents of the Nevada System of Higher Education.