He had a wife who passed yes before him, she had children but not his. He has a home but I don’t know how to get access which is probably where the will is.
answered on May 17, 2022
A person having an original Will (not just a photocopy) is required by law to file it within 10 days after the Will writer dies. This is not strictly enforced. Some people are slow to file a Will or begin probate. However, you can search for filed Wills by name on the Clark County Court website.... Read more »
Spouse dies, does deed transfer upon presentation of death certificate?
answered on May 12, 2022
In order for the surviving spouse to obtain full title w/o probate the deed to both spouses must say as joint tenants or with rights of survivorship. Then, in order to be able to get title insurance for a sale, the new deed must have been recorded BEFORE the first to die spouse dies.
If... Read more »
I’m going to file the set aside and mail her notice and wondering if I will get the entire estate if she doesn’t file an objection or will the court just automatically give her half without her showing up in court or objecting. We haven’t seen her for 30 years so the chance of her responding... Read more »
answered on Jun 21, 2021
If your father died without a Will and the "estranged" daughter is his biological daughter and you and she are the only children he ever had and he died unmarried, she gets half of his estate just like you. If you fail to mention her in paperwork you file you will be committing a fraud.... Read more »
Do the cousins have any claim on the intestate’s estate? Intestate residency is NV and cousins in NC and MD.
answered on May 26, 2021
The cousins have a claim if they are blood relatives which means that there is a common ancestor of the cousin and the deceased. I think under a strict definition of cousins, they are always blood relatives, but with divorces and blended families the term cousin may be used loosely.
Both my stepfather and mother passed away within a year of each other. They owned two homes and numerous vehicles in both Sun Valley and Silver Springs Nevada. My youngest brother and his family now occupy one home and his oldest son lives in the other. He is saying his fathers will left him the... Read more »
answered on Apr 9, 2021
Yes. Property that passes under a Will has to go through probate.
answered on Jan 10, 2021
There is no blanket prohibition against renting out a house in probate. Indeed, one of the problems with vacant houses is squatters can move in and in many jurisdictions, such as Las Vegas, the police will tell the personal rep. of the estate that the squatter is a civil matter and they need to get... Read more »
answered on Dec 18, 2020
The Deed Upon Death was designed by the Nevada legislature to function like a payable on death bank account. The Deed Upon Death has to be filed with the County Recorder prior to the death of the grantor and then upon the death of the grantor, the grantee files an Affidavit of Death of Grantor... Read more »
Since I live out state how do I petition the state for her house property?
answered on Nov 2, 2020
You will need to hire a Nevada lawyer to probate her estate. If she was married and her spouse was not the murderer there would be a split of her estate between her children and spouse unless her estate is less than $100,000 in which case it would probably all go to her spouse. If she was unmarried... Read more »
My husband and I have pour over wills as part of our trust. What steps are needed to recieve his inheritance? Do I have to open a probate case as executor of his will? This inheritance will be over $150,000.00
answered on Mar 31, 2020
Some Trusts and Wills provide that a beneficiary must survive the writer of the Trust or Will by a certain number of days to receive the inheritance. However, if the cousin's trust lacks such a provision, your husband's gift under the cousin's trust goes to his estate. The successor... Read more »
Should a "short certificate" issued by a Delware probate court be sufficient to claim the account ? The Will is being filed in DE and will go through probate in DE.
answered on Dec 9, 2019
As a general rule throughout the United States, what is known as personal property (such as bank accounts) are probated in the state the Decedent was a resident regardless of which they the personal property is located in. So, yes, the Delaware probate court has jurisdiction of the NJ bank account... Read more »
I have a Deed upon death, but not related. The deceased has personal property in the condo and Clark County has taken Action to secure personal property. Blood relatives not cooperative, how do I proceed as owner of real property to obtain title and remove personal property out of real property,... Read more »
answered on Jul 9, 2019
Probably the Clark County Coroner has secured the condo to give the estate a reasonable time to remove personal possessions and look for things like bank statements and safety deposit keys. I think your first step would be to call the Coroner, explain your interest, and ask how long the Coroner... Read more »
My mother has three children, we all live out of state. The deed to the home/property is in her husband (of 11 years) and his ex wife’s name. Property is not worth over 100,000. Do my siblings and I have any right to a portion this property sale?
answered on Jul 4, 2019
I don't think so. This answer is based on Nevada law. There might be unusual circumstances that make for a different answer.
answered on Jul 2, 2019
If a particular item of real estate is owned by husband and wife and the vesting is JT or RS, then in the absence of unusual circumstances, such as claims of fraud or undue influence in changing the title, the surviving spouse should own that particular item of real estate, subject to whatever... Read more »
They don't really have a relationship, other than a phone call couple times a year, they live in Kansas. Is the surviving widow obligated, by law (in Nevada), to address any concerns from his children from first marriage? Even if the will is silent on the issue. Its about the residential... Read more »
answered on Jun 30, 2019
If there is no Will, the law of who gets what without a Will (intestate succession) applies. This law does not take into account the nature of the relationship between the Decedent and any child or spouse. If there is no Will, and if the gross value of the estate is over $100,000, 1/3 goes to his... Read more »
answered on Jun 30, 2019
NS means that when the owner dies the property must be probated. If there are 2 or more owners, such as husband and wife, if one of them dies his or her share must be probated. To avoid probate when one of two owners dies the vesting should read either JT for joint tenant or RS for right of... Read more »
Son are co trustees of a “trust”. Up until 1/2019, we assumed it to be truth. I checked, and executrix never filed the will. I am in the state of Nevada. So I filed for probate and have an open case. Should executrix be in gross violations?
answered on Jun 27, 2019
Nevada law requires that a person in possession of the original copy of a Will should file it with the court in the Decedent's county of residence within 30 days of the death. However, if all assets of the Decedent will pass outside the Will (because they are in a trust or because they are in... Read more »
Need to publish some kind of notice to the unknown child but this goes beyond my probate expertise and I have no idea what to file and publish.
answered on Jun 4, 2019
There is nothing wrong with a Nevada licensed lawyer asking a probate question on this forum but if you are not a Nevada licensed lawyer you are practicing law without a license in Nevada if you have a Nevada probate client.
If a valid Will makes a gift to a person, unless the Court is... Read more »
Without signed titles, but with witnesses to the gift and an audio recording can we enter the probate process?
answered on May 22, 2019
I don't think it looks good unless you can get his intestate heirs (the people who would inherit in the absence of a will) to agree that you may have the property. Then you could do a probate with the intestate heirs doing what is called a Re-Assignment to you. Maybe another lawyer will have a... Read more »
answered on May 8, 2019
I personally try to send out checks to the beneficiaries on the same day that the probate closes if the money has been sitting in my trust account.
In Nevada my fathers estate is upward of $300,000. with real property. the properties are all deeded upon death to me, as are all his vehicles and bank accounts. He does have many investments that he has not discussed much so i don't know how they are handled.
it is my understanding... Read more »
answered on May 6, 2019
The probate estate includes those items that have a title and can't be transferred from the deceased without a court order. Property in joint tenancy (where one joint tenant is still alive), or held with a transfer on death deed, or bank accounts payable on death are NOT in the probate estate.... Read more »
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