in Re: Guardianship of Lundy

• Court: Nevada Supreme Court
• Decided: July 24, 2013
• Docket: 59131
• Status: Unpublished

Opinion

over the probate estate. Cf. NRS 136.010(1) (providing that a will may be proved "in the county where the decedent was a resident at the time of death"). In particular, there was evidence from which the district court could have reasonably found that the decedent had been living in Nevada for eight months before his death, with the intent to remain indefinitely. See NRS 10.155 (defining legal residence as "that place where the person has been physically present within the State or county, as the case may be, during all of the period for which residence is claimed by the person"); see also Vaile v. Eighth Judicial Dist. Court, 118 Nev. 262, 269, 44 P.3d 506, 511 (2002) (explaining that residency requires an intent to reside in Nevada for an indefinite period of time and physical presence in the state). Thus, the district court did not abuse its discretion by denying appellant's NRCP 60(b) motion on the grounds that jurisdiction was proper and no fraud had occurred.' Accordingly, we ORDER the judgment of the district court AFFIRMED.

J. Hardesty

J. Parraguirre

"In light of this conclusion, we need not address the district court's additional grounds for denying the motion, although we note that appellant largely failed to address the remaining portions of the district court's order.

SUPREME COURT OF NEVADA 2 (0) 1947A cc: Ninth Judicial District Court Dept. 1 Nicholas F. Frey, Settlement Judge John C. Smith Rowe Hales Yturbide Douglas County Clerk

SUPREME COURT OF NEVADA 3 (0) 1947A

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