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... View 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... View 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... View 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... View 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.... View More
Owes back taxes and past debts are on his credit report and future bills there is no money or assets to pay them. What I'm supposed to do?
answered on Feb 22, 2019
Unless there is some other reason you are liable for the Decedent's debts (for example, you co-signed for a loan) if the estate has negative value and if you have not received money from the Decedent due to Decedent's death in a non-probate transfer, then you can just walk away and do... View More
My mother( his daughter) is deceased and my surviving aunt. My mother had three children, one is deceased, the other wants nothing to do with my grandfather's estate and the other child is me. What will be the intestate distribution in Nevada?
answered on Feb 20, 2019
50% will to your mother's descendants. If your deceased sibling left children, 1/3 of your mother's share will go to those children equally. If your deceased sibling died without leaving any descendants, one half of your mother's 50% share goes to you and the other surviving sibling... View More
My mom died intestate when I was 17. I am her only child and she was a widow her only living next of kin is her brother. I am trying to avoid going through the court since washoe county doesn't want to let me file everything with the court on my own but hire an attorney instead. I realize that... View More
answered on Feb 10, 2019
You can't get title with an affidavit. You will need to do a probate. The proper value of the estate is the value of the home at the time of your mother's death which is probably a lot less than the current value. The Court will accept the Zillow.com value and the Zillow.com website... View More
NRS 134.160 Kindred of half blood. Kindred of the half blood inherit equally with those of the whole blood in the same degree, unless the inheritance comes to the decedent by descent or devise from an ancestor, in which case all those who are not of the blood of the ancestor are... View More
answered on Feb 2, 2019
The easy answer is that if the house was truly held in joint tenancy by Mom and Dad, Dad owns the whole house upon Mom's death. (You or your lawyer can file an Affidavit of Death of Joint Tenant with attached death certificates on both to move the ownership from joint to your father's... View More
For the purpose of determining the probate procedure to use, do you have to use the amount it states is the market value of the home or can you use the assessed value?
answered on Feb 1, 2019
The courts will not accept the County Assessor's value. They will accept Zillow.com evaluation and the proper evaluation is the date of death evaluation. Zillow has a tool that lets you get the value for any month going back several years. Zillow.com evaluations don't take into account... View More
Parents had no will. I am only child. No debts exist. Only thing to go through probate is the home they owned outright. The home is valued at $115,000
answered on Jan 31, 2019
It would be a cheaper and simpler probate process if you could get the value of the house down to no more than $100,000 so you could do a set-aside--assuming you could truthfully state under penalty of perjury that all known debts have been paid.
You can do the zillow.com evaluation at the... View More
Stepmother/Father bought house together three years ago in vegas and she may have been his beneficiary for his 401k but we would like to see the will because he previously told me we were mentioned in it for when she dies.
Haven't seen online any filing of the will with the courts or... View More
answered on Jan 2, 2019
If your dad and his wife bought a house together they likely bought it as joint tenants meaning that if one of them dies, the other becomes the owner. You can go the Clark County Recorder's website (if the house was in Clark County, NV) and search by address or name or Assessors Parcel Number.... View More
All other assets jointly owned and property less mortgage is under$ 100,000
answered on Dec 26, 2018
The mortgage company may have a right to call the mortgage as the original owner is no longer the owner. However, the estate does qualify for a set-aside in Nevada based on the facts you have provided. You have a legal right to try to do this yourself, but most people will need to hire a lawyer. If... View More
answered on Dec 22, 2018
Our firm does uncontested probates at discounted rates through out Nevada if the are Set Asides, Summary Administration or General Administration. These terms are explained on our website, probatenevada.net
If the probate is contested (because family members are fighting) you want to... View More
I understand that the estate would have to go through probate and that an attorney is advisable. How is it that research firms get involved? Are they assigned by the County or State, or do they pursue heirs based on their research of County death records for their own interests? Do you advise the... View More
answered on Dec 5, 2018
If you can determine where the asset is w/o a "research firm" you don't need to pay them. The Las Vegas (Clark County) probate judge does not approve of fees over 10% to a research firm. You can Google around until you get to the State Treasurer's unclaimed property website.... View More
Given tight timeframe to file Will with the Court, is there a formal process or can executor attend with original will personally and submit it to clerk without formality.
answered on Sep 25, 2018
The Clerk's office will be happy to take an original will from you if you advise that the person who wrote the will has died and simply hand it to them along with the filing fee. In Clark County (home to Las Vegas) the filing fee is $18. However, they will not accept a copy for filing.
answered on Sep 13, 2018
Provided that the home is held in joint tenancy and ditto for other assets, you own everything without probate. Your phrase "jointly held" can be tricky. Unless the deed to the home contains the words, "joint tenancy" or "with right of survivorship" half of the home... View More
If a person owns property in two states, which one has jurisdiction over intestate investment accounts
answered on Jul 10, 2018
Investments are considered "personal property" as contrasted with real estate or "real property." All personal property, wherever located, should be probated--if probate is necessary--in the state the Decedent was a resident of when he died. For this reason probate courts look... View More
I inherited these Timeshares and was told the only way to get rid of them is to have them Probated through a Nevada Court. The original owner was never a resident of Nevada. The timeshare Main Office is in Florida. The Will states that I inherit any Real Property. To my understanding that is... View More
answered on Jul 9, 2018
Unfortunately, Nevada takes the position that the timeshares are real property (real estate) not personal property. The deed probably has an Assessor's Parcel Number on it and was recorded as a deed. Nevada does not have a simple affidavit procedure for the transfer of real estate below a... View More
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?
answered on Jun 23, 2018
If the house is titled in the name of the trust, you (technically the Successor Trustee rather than Executor) may sell the house (or transfer it according to what the trust says) without going through probate. Based on your question, I see no need to spend money on probate. Congratulations to your... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
