One of his sisters advised me to find out if my name is on any of his accounts, policies, and to start going thru my receipts. The sister that gave me the advice was the one I thought he had listed at his current beneficiary. He did not have a WILL. We had separate bank accounts, 401k, profit... Read more »
The only easy step you can take is to get a copies of his death certificate and with those contact any financial institution where you believe you might be the beneficiary. Say that you understand that you are a payable on death beneficiary on the account. If you are, the institution should give...Read more »
Because the house was in his sole name the Will giving it to you can only be given effect through the probate process. (This assumes he was unmarried when he died, because if he was married, the wife might have rights to the house depending on the total fact situation.)
This is a hard Q to answer because I don't know the facts. For example, were there any assets of your husband solely in his name. That would require a probate. On the other hand if all assets were jointly owned, no probate would be required.
A family member died intestate in Nevada. Family has gone into her apartment and has taken personal items such as furnishings, appliances, etc. Doesn't the state need to conduct probate proceedings before anyone takes anything? What will happen to the person who took the property?
In most cases when a Nevada resident dies, with or without a Will, there is no state action taken until and unless someone file a probate action in the District Court. In a minority of cases when a person dies, the county coroner may search the person's residence and take for safe-keeping...Read more »
I am a unadopted stepchild. My stepmother left me out of her will but she named all of her children in the will. Do I have any legal action against the will. Right now it is in accounting and final distribution stage.
Based solely on the facts you have presented, I don't think you have a claim. It is a person's right when writing a Will to give the belongs and wealth to anyone they want. Parents have no obligation to leave any of their children anything. I do not believe that there is any presumption...Read more »
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... Read more »
You should call the clerk of court in the County where she was a resident when she died (which could be a different County than the one she died in). The Clerk of Court can give you instructions on how to file the Will. (The Court of Clerk will only accept an original for filing, not a copy.)
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... Read more »
Upon your grandmother's death, the account became owned 100% by your father. If your father never put anyone else on the account and did not name a payable on death beneficiary, then the account will have to probated as property belonging entirely to your father.
Because you said you live in LV, I, an LV probate lawyer, got an e-mail inviting me to respond to your Q. Since your father died as a FL resident you need to ask a FL attorney. I suggest you re-post mentioning only your father's Florida residence and it would be helpful it you posted the...Read more »
As surviving spouse, can I do the Affidavit of Entitlement, because my deceased husband had no other assets except 2 cars he owned outright? Greek lawyer needs POA from me because his half brother is buying out the property from the other family members. The property is not under NV jurisdiction.... Read more »
If your Husband was a NV resident and his only property other than his interest in the Greek real estate, and if 2 cars are worth less than $25,000 together, then, yes, you can do an affidavit of entitlement. The $25,000 cut-off applies to his NV probate estate, not his interest in Greek real...Read more »
Bank released funds to daughter without proper court order. Funds did not belong to the deceased, they were deposited after Mother's death. Money has to be returned, daughter being sued by pension fund. Bank should have known. Never gave daughter a statement, or put funds into blocked account.... Read more »
If the account was payable on death to daughter the ordinary procedure would be for the bank to release the funds upon being shown mother's death certificate. The bank should have exercised caution with respect to funds deposited after the mother's death. However, the daughter is unlikely...Read more »
If your sister's parent were alive when she died, the estate goes to them. If only one parent was alive when your sister died, the estate goes to the single parent who was alive when she died. If both her parents predeceased her, her estate will be divided evenly among all of her siblings. If...Read more »
To get the records thru the probate court you will have to be appointed special administrator. Various creditors will monitor the filing and may send bills and file claims with the court. In Nevada you are only liable to creditors of the decedent to the extent that you have "inherited"...Read more »
There are two possibilities. Either your Mom's estate needs to be probated even w/o considering the lawsuit in which case the lawyer you hire to probate the estate will know how to respond. However, if there would be no need to do a probate except for your Mom's lawsuit, then a probate...Read more »
Summary Administration can be used for estates whose value is no greater than $300,000. If the value is more than $300,000 General Administration is required. For General Administration it is always required that a notice of the initial hearing be published whereas for Summary Administration that...Read more »
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