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Questions Answered by Delwyn E. Webber
2 Answers | Asked in Probate and Estate Planning for Nevada on
Q: Dad died with a will in Las Vegas on Nov. 10, 2018. He had a will that we haven't seen.

Stepmother/Father bought house together three years ago in vegas and she may have been his beneficiary for his 401k but we would like to see the will because he previously told me we were mentioned in it for when she dies.

Haven't seen online any filing of the will with the courts or... View More

Delwyn E. Webber
Delwyn E. Webber
answered on Jan 2, 2019

Firstly, sorry for your loss.

NRS 136.050 provides as follows:

1. Any person having possession of a will shall, within 30 days after knowledge of the death of the person who executed the will, deliver it to the clerk of the district court which has jurisdiction of the case or to...
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2 Answers | Asked in Estate Planning and Probate for Nevada on
Q: I need to hire representatives to guide and adjudicate probate for my father who passed on the 8 Dec. Do you help?
Delwyn E. Webber
Delwyn E. Webber
answered on Dec 22, 2018

Sorry for your loss. I do practice in probate and will be back in the office Wednesday if you would like to call to discuss.

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1 Answer | Asked in Probate for Nevada on
Q: my father died and did not leave a will. how do i go about getting title to his property

he was not married and has another child.i have lived in the house for the past 5+ years and paid the bills. it recently caught fire and had no insurance

Delwyn E. Webber
Delwyn E. Webber
answered on Jul 12, 2018

Firstly, sorry for your loss.

If he left no Will, he died 'intestate'. To transfer the property, it must first go through the probate process, and from what you have said, you and your father's other child are the heirs to the estate under the NV Statute. Please be aware...
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2 Answers | Asked in Probate for Nevada on
Q: My mother recently passed and has a home that was titled in a trust with a reverse mortgage does it require probate?

There is less than $70,000 in equity if we sell the home and payoff reverse mtge, no other assets - household items all to be donated to a local charity. I am the executor of the trust. Based on above information do I need to probate her estate?

Delwyn E. Webber
Delwyn E. Webber
answered on Jun 25, 2018

Firstly, sorry for your loss.

If the residence is in the Trust you should not need a Probate. Typically a Trust provides that the Successor Trustee has the power to sell the asset.

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1 Answer | Asked in Estate Planning for Nevada on
Q: What kind of property can you put into a family trust?
Delwyn E. Webber
Delwyn E. Webber
answered on May 14, 2018

Typically you can transfer real property, personal property, membership interests, stocks, vehicles, and the like. Assets that cannot be 'owned' by a revocable trust are Qualified Plans [IRA, 401K], Annuities and Life Insurance Policies. [Life Insurance Policies can be owned by an... View More

1 Answer | Asked in Estate Planning for Nevada on
Q: Mom died, no husband, 1 adult child. Home mortgage is only asset. What legal paperwork is required?

House estimated about $225k. Her name only on mortgage. Clark county

Delwyn E. Webber
Delwyn E. Webber
answered on Nov 20, 2017

Firstly, sorry for your loss.

If there is equity in the home, a Probate will need to be opened to transfer the residence to the sole heir, or to allow the sole heir to sell the residence, unless Mom filed a Deed Upon death prior to her passing.

I hope this helps.

1 Answer | Asked in Estate Planning for Nevada on
Q: Do personal items in a house (clothing, jewelry, etc) go through probate in Nevada? If so, any way to avoid that?

Updating our estate plan. Once both my wife and I pass, who decides who gets all our personal items in the house? We have three adult children who are named as equal beneficiaries in our will.

Delwyn E. Webber
Delwyn E. Webber
answered on Nov 20, 2017

Typically personal property doesn't go through probate unless it is 'valuable', or if there is a contest. Oftentimes clients leave a "memorandum" which sets forth which child gets certain pieces of personal property. You don't say whether you have a revocable living... View More

2 Answers | Asked in Probate for Nevada on
Q: How long a period after a death may a will be presented in Nevada?

A dear old friend passed away in Sparks NV 7/19/17 2017. I live in Cupertino, 95014 CA. I was notified of her death by a letter from her insurance company dated August 29 and received by me about September 5, 2017. I found a 20 year old will of her's a week or so ago. I have no idea what or... View More

Delwyn E. Webber
Delwyn E. Webber
answered on Nov 17, 2017

Firstly, sorry for the loss of your dear friend.

The answer to your question depends upon the answers to some missing facts.

Are you aware whether your friend had assets in Sparks (ie: a house, car, bank accounts)? If so, those assets may need to go through Probate. As the Will...
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2 Answers | Asked in Probate for Nevada on
Q: My father never removed his deceased mother from the joint account prior to his death.

Father passed away in Nevada with a total estate worth $71,000. All of this money is held in joint savings account with his mother. This savings account was opened in 2015. His mother passed away in Florida on 3/23/17. My father never removed her from the account prior to his passing in Nevada on... View More

Delwyn E. Webber
Delwyn E. Webber
answered on Nov 15, 2017

Sorry for your loss.

I don't believe you should have problems with the probate in NV as you will be able to show that grandmother passed first and therefore the joint account became your late father's sole account. This will all need to be explained in your Petition to the Court....
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3 Answers | Asked in Probate for Florida on
Q: I live in Las Vegas my father lived in Florida he passed away about a month ago he has no will.

How do I get money out of bank he was single and I'm his only child, his employer sent me his last check which I can't do anything with.

Delwyn E. Webber
Delwyn E. Webber
answered on Nov 2, 2017

So very sorry for your loss.

As your father was a resident of Florida, this is a question for a Florida probate attorney. May I suggest you repost your question as Probate for Florida. Good luck to you.

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1 Answer | Asked in Estate Planning for Nevada on
Q: How to track down important files kept in law office when practice has closed and atty's are deceased or retired?
Delwyn E. Webber
Delwyn E. Webber
answered on Oct 3, 2017

The first thing you may want to do is to reach out to the Nevada State Bar to see if they have any knowledge of anyone taking over the practice, or the transfer of files. Typically files are kept for 7 years, so if it is longer than that, you may not be able to obtain a copy.

Good luck to you.

1 Answer | Asked in Estate Planning, Family Law and Probate for Nevada on
Q: Where do I get forms for a trustee declination to serve and appointment of successor trustee by resigning trustee?

Will left everything to trust. Named co-Trustees have failed to act within the 30 day time period (after death). Neither wants to serve. Need forms to effectuate my appointment as Trustee.

Delwyn E. Webber
Delwyn E. Webber
answered on Sep 13, 2017

What I typically see is a "Declination" prepared by and signed by the resigning Trustee(s) just stating that they acknowledge they were nominated to serve as Trustees of the "Name" Trust, however they decline to accept that appointment. The form could include language stating... View More

1 Answer | Asked in Estate Planning for Nevada on
Q: I have a a home about 350k In Clark count, i 100k mortgage. I want to move house from my name to a trust.How do I that

I will form a trust using is legal forms. As I don't have much cash. I called Clark county and asked what forms I need, and they refused to give any guidance. All I wanted to know was what items do I need to bring in with me to transfer the name from me to my trust

Delwyn E. Webber
Delwyn E. Webber
answered on Aug 28, 2017

You will need to prepare and execute a Warranty Deed and also a Declaration of Value to accompany it. You will need to present a copy of the Trust or Trust Certificate to the Recorders Office at the time of filing your documents, however the Trust is not recorded. You should then re-file your... View More

1 Answer | Asked in Estate Planning for Nevada on
Q: mother died was 84 yrs old lived in Clark county a senior living apartment. She had no assets & $500 bank

We now have the certified death certificates and we have her signed will can we mail to Clark County probate court. We do not live in the state and I am executor. Since she had no assets is it required

Delwyn E. Webber
Delwyn E. Webber
answered on Aug 23, 2017

Firstly, sorry for your loss.

Based upon the information you have provided, a Probate will not be necessary. The original Will should be filed with the Clark County Court, and costs $18.00 to do so.

In the event your mother did not have a named beneficiary on her bank account, the...
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