Common Questions
Have general questions about Michaelson Law?
Michaelson Law has served the Las Vegas Valley for over 30 years. We strive to maintain excellent customer service and trustworthiness among our clients and their families. At Michaelson Law, YOU come first!
At Michaelson Law, the cost of our services varies based on the nature and complexity of the case. We offer both flat-rate and hourly options. Flat-rate services typically cover estate planning and business organization, while hourly services usually include estate and business litigation, guardianship, and probate. Please contact one of our offices for more information.
A service agreement refers to a contract agreed to and signed by Michaelson Law and a client. We require service agreements to commence work but typically will not prepare a service agreement until after the initial consultation to ensure we fully understand your needs.
At Michaelson Law, we strive to provide the best value for our clients by delivering exceptional services and expertise. Although we don't provide free consultations, we assure you that the investment you make will be well worth it.
Our attorneys devote their time and expertise to thoroughly analyze your situation, develop personalized strategies, and offer valuable insights that will help you make informed decisions.
Please contact our office for more information on setting up a consultation and associated costs.
Michaelson Law has many experienced attorneys, all of who specialize in different legal matters such as Business Law, Litigation, Guardianship, Probate, Elder Law, and Estate Planning.
For your first appointment, please bring any relevant documents and information that pertain to your case or situation. This may include contracts, agreements, correspondence, or any other relevant paperwork. Additionally, it would be helpful to bring identification documents, such as a valid ID or passport. Lastly, come prepared with a list of questions or concerns you may have so that we can address them thoroughly during our meeting. We are here to provide you with the best possible assistance, and having these materials ready will help us better understand your needs and provide appropriate guidance.
Business Law
Have questions about business law?
Business law is a set of rules and regulations that govern the operation of businesses. It covers various topics such as contracts, taxes, intellectual property, employment, and securities. Business law provides guidelines on how businesses should be formed, how they should operate, and how they should be dissolved.
Limited liability companies (LLC) and corporations are different business structures. The main difference is how they are taxed. A corporation is taxed separately from its owners, who also pay taxes on any dividends they receive. An LLC is not taxed separately, and the profits and losses are passed through to the owners, who report them on their personal tax returns. Contact Michaelson Law if you have questions about how to form your business.
Simply put, to form an LLC, you need to choose a name for your business, file paperwork with the state government, create a document that outlines how the business will be run, get any necessary licenses and permits, and obtain a unique ID number from the IRS for tax purposes. LLC formation can be complicated and confusing, but Michaelson Law can help!
Forming a corporation follows a similar process to forming an LLC, but you must also issue stock certificates to any shareholders. You need to keep your business finances separate from your personal finances to comply with any other state and federal requirements. Our experienced Business Law attorneys can guide you through the process.
Incorporating in Nevada offers several benefits for businesses. Firstly, Nevada has no state corporate income tax, franchise tax, or personal income tax, making it an attractive option for tax advantages. Additionally, Nevada has strong privacy protections, allowing businesses to keep shareholders' information confidential. Furthermore, the state offers a favorable legal environment with a business-friendly regulatory framework, making it easier to operate and expand your business. These advantages, along with flexible corporate laws and a robust business infrastructure, make Nevada a desirable choice for incorporation.
A partnership agreement lays out the terms and conditions of your partnership. It helps clarify the expectations and obligations of each partner and can help present misunderstandings and disputes in the future.
The best kind of business entity depends on various factors, including your business type, your business goals, and your financial situation. Here at Michaelson Law, we can help you determine the best route for your business!
While it may not be possible to completely avoid business disputes, there are steps you can take to minimize the risk like
- Creating clear contracts and agreements
- Communicate effectively
- Document everything
- Seek legal advice
- Address disputes quickly
Yes! Meeting with one of our seasoned business attorneys will help you mitigate the risks and maximize the benefits of starting your own business. Our attorneys can help you choose the correct legal structure, draft sound contracts, protect intellectual property, comply with employment laws and even put together funding for your business venture.
The most common business structures include: sole proprietorships, partnerships, limited liability companies (LLCs), and corporations (C Corps and S Corps). The attorneys at Michaelson Law can help you determine what legal structure best fits your needs.
C Corps and S Corps have many differences in terms of formation, compliance, taxation, etc. There are nuanced advantages and disadvantages to both that are best discussed with an attorney to determine which structure is appropriate for your business. For example: A C Corp is taxed twice (at the corporate level when profits are distributed to shareholders), while an S Corp avoids this by passing on profits or losses through directly to the owners' personal income which makes an S Corp a great choice for many businesses. However, S Corps are limited to 100 shareholders and all must be US residents which makes C Corps a great fit for other types of companies that might wish to have many/foreign investors. The attorneys at Michaelson Law can help you decide which entity is best for your needs.
In certain situations, a court can disregard the limited liability of a corporation or LLC and hold the owners personally responsible for the business's debts and obligations. This can happen if corporate formalities are not followed or if the business is used to commit fraud or illegal acts. Our experienced attorneys can help you understand and avoid situations where you would be held personally responsible for your company’s liabilities.
Generally speaking, a legally binding contract requires a mutual offer and acceptance, an exchange of value, competency to enter a contract and a lawful purpose. The attorneys at Michaelson Law can help you write a contract with all the necessary elements to make it legally binding.
While some verbal agreements can be legally binding, written contracts provide clear documentation of the terms, reducing the risk of misunderstandings, disputes, and proving the agreement's existence in court. Verbal agreements are difficult to enforce especially if there is not clear written documentation. Our attorneys can help to determine if your verbal agreement could be legally binding.
A breach can lead to legal action by the non-breaching party. They may seek to enforce the contract’s terms or receive monetary compensation. If you’ve encountered a breach of contract, let our attorneys help to advocate for your rights.
The classification affects tax responsibilities, benefits, and legal protections. Courts often use the "right-to-control" test to determine the relationship, considering whether the business controls the manner and means of job performance. Michaelson Law can help to determine the correct classification for your company’s workers.
Correct classification is crucial due to tax, benefits, and labor law implications. We recommend that companies consult with an attorney to ensure compliance with all guidelines.
Implement clear termination policies, follow anti-discrimination laws, establish fair and consistent disciplinary procedures, and adhere to any required notice periods. Michaelson Law can help you determine proper policies, procedures and contracts to avoid wrongful termination claims.
A non-compete clause restricts an individual from working for a competing business or starting a similar business within a specific timeframe and geographic area. It's often included in employment agreements to protect business interests. Michaelson Law can help to draft non-compete agreements to protect your company’s rights.
Intellectual property (IP) refers to creations of the mind, such as inventions, designs, brand names, and artistic works, legally protected against unauthorized use. Our attorneys can help to determine your rights for your intellectual property.
The main types of IP are patents (inventions), trademarks (brand identifiers like logos and slogans), copyrights (creative works like books and music), and trade secrets (confidential business information). Our attorneys can help to discuss how to protect your intellectual property.
At Michaelson Law, our goal is often to find a solution to legal issues without resorting to costly litigation. Dispute resolution refers to the process of negotiation, mediation, and arbitration, used to resolve conflicts between businesses or between businesses and individuals.
Business succession planning is sometimes overlooked but is a critical step in protecting your business and its value. Succession planning ensures a smooth transition of ownership and management when an owner retires, becomes incapacitated, or passes away. This can involve retention planning (passing the business to family) or buy-sell agreements, which outline the sale of shares under specific circumstances.
Startups often face legal risks related to business structure, intellectual property protection, contracts, employment law compliance, and data privacy. Michaelson Law can help to advise you how to mitigate these risks.
Sole Proprietorships are the simplest form of business with advantages and disadvantages. Income flows directly to the Sole Proprietor but so do the losses and liabilities. Our attorneys can help to determine if a Sole Proprietorship is the correct form of business for you.
The cost to form a business will vary depending on the type entity and whether we are drafting additional agreements. We typically charge $2500-3500 plus filing fees to form an entity.
Litigation
Have questions about litigation?
Civil litigation is the legal process of resolving disputes between two or more parties over a non-criminal matter. This type of litigation involves a plaintiff seeking to recover damages or obtain relief from the defendant for harm, such as breach of contract or personal injury.
A plaintiff must file a complaint with the appropriate court. The complaint must include a statement of the plaintiff’s claims against the defendant and the legal basis of those claims. The plaintiff must also pay a filing fee which varies depending on the jurisdiction and the type of case.
You can still be sued even if you avoid being served with legal documents. Avoidance does not prevent a lawsuit from proceeding, as the plaintiff can still obtain a default judgment against you if you do not respond to the lawsuit.
While it's not recommended to represent yourself, you have the right to represent yourself in most jurisdictions.
Arbitration and mediation are forms of alternative dispute resolution that can be used as an alternative to going to court. In arbitration, a neutral third party, an arbitrator, listens to both sides of the dispute and makes a final decision that both parties must follow. In mediation, a neutral third party, a mediator, helps the parties talk through their issues and devise their own solution to the problem.
Determining if you have a case requires a thorough evaluation of the specific circumstances. We recommend scheduling a consultation with our team to discuss the details of your situation. Our experienced attorneys will assess the merits of your case, consider applicable laws and precedents, and provide you with a professional opinion on the viability of your claim.
Yes, our firm does consider taking cases on a contingency fee basis in certain circumstances. This means that you would not be required to pay attorney fees upfront. Instead, our fees would be contingent upon the successful resolution of your case, typically through a settlement or favorable judgment. We can further discuss the details of a potential contingency arrangement during your consultation.
The recovery of attorney fees depends on various factors, including the specific laws and regulations governing your case. In some instances, prevailing parties may be entitled to recover attorney fees from the opposing party. During our consultation, we will provide you with a detailed explanation of the potential costs involved, including the possibility of recovering attorney fees if you win the case.
Guardianship
Have questions about guardianship?
Guardianship is a court-supervised process of taking legal responsibility for another person or person’s estate when said person can no longer manage the responsibility. Guardianship can be voluntary or involuntary and can be granted over adults and minors.
A guardian or conservator is someone appointed by a court to make legal, financial, and/or medical decisions for someone who cannot make them due to age, illness, or disability.
A guardian is appointed to make personal and medical decisions on behalf of a person, such as decisions related to their health care, living arrangements, and daily care.
A conservator is appointed to make financial decisions on behalf of the person, such as managing their income, paying bills, and investing their assets.
Like many other legal matters, the time it takes to grant guardianship varies depending on factors like the complexity of the case, the court’s schedule, and whether there are any objections.
To initiate the process of becoming appointed as a guardian in Nevada, you would need to file a petition with the appropriate court. The specific steps and requirements may vary depending on the county, so it is advisable to consult with an attorney who specializes in guardianship matters. They can guide you through the necessary paperwork, documentation, and legal procedures to initiate the guardianship process effectively.
Guardians in Nevada may be entitled to compensation for their services. The court determines the amount of compensation based on various factors, including the needs and resources of the person under guardianship. It is important to note that guardianship compensation is subject to court approval and must be reasonable and in the best interest of the ward. Consulting with an attorney experienced in guardianship law can provide you with a better understanding of the specific compensation guidelines and requirements in Nevada.
Determining whether a loved one needs a guardian can be difficult and should be made carefully. A person may require a guardian if they cannot make or communicate important decisions regarding their personal and financial affairs due to a physical or mental disability, illness, or injury. Signs a loved one may need a guardian include but are not limited to:
- Difficulty with daily activities such as eating or bathing
- Difficulty with financial management
- Vulnerability to abuse or neglect
- Cognitive impairment
There are several steps you can take to avoid guardianship:
- Maintain good communication with family members
- Stay physically and mentally healthy
- Create a power of attorney
- Create a living trust
- Seek legal advice
Probate
Have questions about probate?
Probate is the legal process that takes place after someone passes away. It is a court-supervised process used to distribute the deceased person's assets to their heirs or beneficiaries.
The probate process varies depending on the state and complexity of the estate, but probate typically follows these basic steps:
- Filing a petition
- Notifying beneficiaries and creditors
- Taking inventory and determining the value of assets
- Payment of debt and taxes
- Distribution of assets
- Closing the estate
The probate process can vary depending on various factors, including the complexity of the estate, the number of beneficiaries, and whether there are any disputes or challenges to the will. The probate process can take several months to several years to complete.
It's best to consult with an experienced estate planning attorney to determine the best approach for your specific situation, but various estate planning strategies can help avoid or minimize the probate process, including:
- Creating a living trust
- Beneficiary designations
- Small estate procedures
- Joint ownership
- Gifts
When a loved one passes away, it is important to take certain steps. Firstly, notify the necessary authorities, such as the local authorities or hospice if applicable. Then, contact the deceased person's healthcare providers and obtain copies of the death certificate. Next, locate the will and important documents, such as insurance policies and financial records. Finally, consult with an attorney experienced in probate matters who can guide you through the necessary legal procedures and provide assistance during this difficult time.
Not all estates need to go through the probate process in Nevada. If the deceased person's assets were held in a living trust, jointly owned with rights of survivorship, or had designated beneficiaries (such as life insurance policies or retirement accounts), those assets may pass directly to the beneficiaries outside of probate. However, if there are assets solely owned by the deceased person or if there is no other means of transferring ownership, probate may be necessary to distribute the estate's assets according to the law or the terms of the will.
Generally, an executor or spouse is not personally liable for the debts of the estate in Nevada. The estate is responsible for paying the debts, and creditors must submit claims during the probate process. The executor is responsible for managing the estate's assets and using them to pay the debts in a proper order. However, there may be exceptions, such as if the executor or spouse co-signed a loan or personally guaranteed a debt.
If the estate is considered a "small estate" in Nevada, it may be eligible for simplified probate procedures, such as a summary administration. The eligibility criteria for a small estate may vary depending on the state's laws, but typically it is based on the total value of the estate. Consulting with an attorney knowledgeable in probate law will help determine whether probate is necessary for a small estate and guide you through the appropriate procedures based on Nevada's specific laws and regulations.
Estate Planning
Have questions about estate planning?
Estate planning is creating a clear plan for preserving your wealth and assets while alive and distributing it after your death. Creating a plan can help you achieve your personal and family goals while making managing your financial and legal matters easier.
The term “estate” refers to the total value of a person’s assets at death. A person’s valuable assets include property, investments, savings, and more.
Review and update your estate plan every three to five years as life and financial circumstances can change over time.
- A will is a legal document that outlines the distribution of a person’s assets after death. It specifies how the person’s property and assets will be distributed to beneficiaries, who will manage their estate and care for their minor children.
- A trust is a legal arrangement that allows a person (the “trustor” or “grantor”) to transfer their assets, such as money, real estate, or investments, to another person or entity (the “trustee”) to manage and distribute assets to named beneficiaries.
There are several benefits to having a living trust as part of your estate planning, including but not limited to avoiding probate, having control over assets, tax benefits, and disability planning.
A power of attorney, or POA, is a legal document that gives someone else the authority to act on your behalf in certain legal, financial, and medical matters.
Joint tenancy is a form of co-ownership of property in which two or more people have equal ownership and rights to the property. Each owner is a joint tenant with an undivided interest in the property.
Asset protection refers to legal strategies to protect your valuable assets, such as your home, car, and investments, from potential risks such as lawsuits, creditors, or bankruptcy.
Michaelson Law can prepare POAs for clients that are in the hospital if we can determine that they still have mental capacity to sign documents. This may include getting a signed Physician’s Certificate for Capacity prior to us preparing documents.
Our paralegals can travel to the hospital or a client’s home to execute documents if we can determine that they still have mental capacity to sign documents. This may include getting a signed Physician’s Certificate for Capacity prior to us preparing documents. We will also charge an additional fee for travel.
We will need to determine if a client has mental capacity to prepare documents. This may include getting a signed Physician’s Certificate for Capacity prior to us preparing documents. If it is determined that the client does not have capacity, we cannot legally prepare documents for them to sign. In this case, our attorneys can advise you of other options that may be pursued to protect your loved one and their assets.
Whether you are drafting a General Durable POA or a Healthcare POA, you should name an individual that you trust to make important decisions for you. You may also consider their availability, health and proximity to you.
A Living Will gives healthcare directives to your named Healthcare POA. This will help them understand your wishes for your healthcare decisions when you are unable to make them yourself.
A Last Will and Testament is a document that details your wishes for how you would like to distribute assets and belongings after your death. It can also designate guardians for minor children.
While our attorneys customize an estate plan to fit your needs, our plans typically include:
- General Durable Power of Attorney
- Healthcare Power of Attorney
- Healthcare Directives
- Last Will and Testament
- Revocable Living Trust
- Trust Funding Documents
The amount of time it takes to get your estate plan will vary depending on our attorney’s current caseloads, their schedule and yours. At Michaelson Law, most of our estate plans are completed within 2-4 weeks. We can expedite this process if necessary for your needs. Depending on the timeline, this may include an expedite charge.
At Michaelson Law, our documents/estate plans are not a one-size-fits-all. Our attorneys take time to understand your needs and design a plan that will address any issues that you have. Because of this, when quoting fees, we always give the disclaimer that the attorneys will determine the final fees. Estimates for Individuals start at $3000-3500 and Couples $4000-4500.
Yes! Because Nevada has no state income tax on trusts, we are often approached by out-of-state clients looking to create Asset Protection Trusts. Our experienced attorneys will discuss your needs and make recommendations on how best to accomplish your goals.
We recommend reviewing/updating your estate plan every 2-4 years or sooner if your needs change. Moving is one of the scenarios that should prompt an evaluation of your estate plan’s effectiveness. Two specific considerations are making sure that any new real property is listed in the trust and that your healthcare directives (which often include state specific guidelines) are up to date.
This is a little bit of a nuanced question. Our attorneys will meet with you and review your documents to determine how many changes need to be made to bring your documents current. If the changes are significant, they will suggest a restatement. In this case we will prepare new documents for you.
Our attorneys will go over your current estate plan with you to determine if there are any changes that need to be made. If there are small changes, we bill hourly for the work. If the changes required are significant, it may necessitate a restatement of your documents. This work is done on a flat rate basis.
While creating documents for an unmarried couple is possible, it does present additional challenges. Our attorneys will make recommendations on how to address challenges and meet both of your needs for estate planning.
Yes! We can help to draft a prenup that will protect your assets and address any special situations once you are married. Since the needs of each pre-nup are unique, the cost will vary as well. We typically bill hourly for this work. During a consultation, an attorney will evaluate the scope of the work to be done and quote a fee for a retainer.
The main differences are flexibility, control, asset protection and cost. A Revocable Trust allows you to retain control and modify it as your needs change. An Irrevocable Trust offers greater asset protection but less flexibility which limits your control, and the cost is typically more. Our attorneys will guide you through the process of deciding which type of trust is best for you.
A Miller trust/Medicaid Asset Protection Trust/Qualified Income Trust is a type of trust that helps individuals qualify for Medicaid long term care when their income exceeds the eligibility requirements. Our experienced attorneys can discuss your foreseeable long-term care needs and how to prepare for them with estate planning.
Special Needs Trusts help to manage and protect the assets of an individual with disabilities while ensuring that they can still qualify for and receive government benefits like Medicaid and SSI.
A properly funded Revocable Living Trust can help avoid a Probate situation. Michaelson Law can help you walk through the process of crafting an estate plan to protect your assets both during your lifetime and when you pass, ensuring that you won’t have to deal with the hassle or expense of a Probate.
While it is legal to write your own will, you must meet certain criteria which vary from state to state. Instead of leaving the legality of your will to chance and potentially create additional problems, let our attorneys draft sound documents that will protect you and your estate.
Distributing an estate typically involves settling debts and distributing assets. If an estate was properly set up and funded, the process can be relatively simple. A consultation with one of our attorneys is sometimes all the is needed to determine what needs to be done and how. However, we are ready to step in and offer more assistance if necessary.