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January 2013 Archives

Nevada residents should value their assets before death

There are many different aspects to estate planning. Some commonly used estate planning tools include a will or trust. With such a document, a Nevada resident can detail how he or she wishes to distribute their assets upon death. In addition, a will can be used to make specific bequests to heirs and beneficiaries.

New rules affect estate planning in Nevada

The recent fiscal cliff negotiations in our nation's capital made the headlines in Nevada and across the country. At the end of the ongoing process, Congress enacted the American Taxpayer Relief Act of 2012 (ATRA). This Act encompasses several laws that may be of interest to readers in our state seeking to begin estate planning.

Tampa-area woman to be retried on 700-year-old law

Federal prosecutors in Tampa are trying again to convict a 24-year-old woman on an unusual charge that has its roots in medieval law. The woman is accused of "misprision of a felony" -- basically, failing to report a felony to authorities. The case is indirectly related to criminal charges against the woman's boyfriend, who is accused of fatally shooting two police officers during a traffic stop in 2010. The woman was tried in July but the case ended in a mistrial.

Nevada estate planners may enjoy permanent tax amount

As many readers in Nevada know, recent discussions in the national government have been contentious as Congress sought to avoid the fiscal cliff. One of the most important issues to those considering planning an estate has been the estate tax that was set to adjust at the start of the new year. As we have discussed before in this column, under the Bush tax cuts the estate tax was set to revert to the 2001 level of a $1 million exemption.

Theft, murder charges for shoplifter after heart attack

Readers in Florida may not realize that any death that occurs during the commission of a felony could result in murder charges for the person accused of committing the felony. This is true even when the underlying felony is not a violent crime. For example, a person accused of grand theft recently pleaded guilty to third-degree murder in connection with the death of a security guard at the store where the theft allegedly occurred.

Consent is exception to search warrant requirement in Tampa

As readers in Tampa probably know, the Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and seizures of people's bodies, homes and property. This clause is important because it takes away law enforcement's ability to conduct random searches of homes on the hunt for incriminating evidence. Instead, police officers generally must obtain a search warrant from the court before they can search a residence. With the government having the power to arrest and imprison us, the search warrant requirement is one of several Constitutional and other legal requirements that help maintain a check on that power.

Pets can be included in Nevada estate planning

There are many reasons that people in Nevada seek to create an estate plan. For many, the desire to ensure that their families are cared for after their deaths impels them to begin the estate planning process. Some wish to appoint guardians for minor children. Increasingly, however, some people are now seeking to make arrangements for family pets.

Nevada estate planning may require review as tax changes occur

As we mentioned in our blog post on Dec. 21, 2012 ("The estate and gift tax exemptions are going up. What does it mean?"), many readers in Nevada are aware that the estate tax is set to change when the calendar year rolls over to 2013 unless Congress takes action. In fact, this may be one of the driving factors for some in our state to consider estate planning. Many people, one report says, are beginning to look to tools available to assist them with getting hit too hard by this tax increase.

Prosecutors respond to rejected plea deal with new charges

Back on Oct. 11, we discussed the child pornography charges filed against a Tampa-area man over content allegedly found on his computer. The man was charged in July with possession of child pornography, though the grand jury decided not to charge him with conspiracy to kidnap based on an instant message conversation found on the computer.

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