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Questions Answered by Jonathan Craig Reed
1 Answer | Asked in Probate for Nevada on
Q: 7 year boyfriend died -I was forced to leave by daughter without belongings purchased in relationship. What do I do?

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 »

Jonathan Craig Reed
Jonathan Craig Reed
answered on Jan 9, 2018

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 »

1 Answer | Asked in Probate for Nevada on
Q: If I’m the sole heir and my dad has a house under his name alone, is there a need for probate?

My dad has a very clear will & everything was left to me. But there is a balance on the property, that I will be paying off as soon as I know I’m within the law to do so.

Jonathan Craig Reed
Jonathan Craig Reed
answered on Jan 5, 2018

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.)

The house will have...
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1 Answer | Asked in Probate for Nevada on
Q: How do I finalize my deceased husband's estate. All creditors have been notified, accounts, real estates, irs

Everything is free and clear

Jonathan Craig Reed
Jonathan Craig Reed
answered on Jan 5, 2018

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.

1 Answer | Asked in Probate for Nevada on
Q: if a person dies intestate how does the State of Nevada commence probate proceedings? what happens to the property?

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?

Jonathan Craig Reed
Jonathan Craig Reed
answered on Dec 7, 2017

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 »

1 Answer | Asked in Probate for Nevada on
Q: Can I contest a will that been in probate since March.

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.

Jonathan Craig Reed
Jonathan Craig Reed
answered on Dec 3, 2017

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 »

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... Read more »

Jonathan Craig Reed
Jonathan Craig Reed
answered on Nov 17, 2017

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.)

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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... Read more »

Jonathan Craig Reed
Jonathan Craig Reed
answered on Nov 15, 2017

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.

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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.

Jonathan Craig Reed
Jonathan Craig Reed
answered on Nov 2, 2017

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 »

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1 Answer | Asked in Probate for Nevada on
Q: My deceased husband owned a house in Greece with 3 siblings and his mother. The house was an inheritance from his father

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 »

Jonathan Craig Reed
Jonathan Craig Reed
answered on Oct 19, 2017

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 »

1 Answer | Asked in Probate for Nevada on
Q: Hi, My brother just passed away in Nevada. I am in Hawaii. How do I get his estate through probate? Thanks.
Jonathan Craig Reed
Jonathan Craig Reed
answered on Oct 12, 2017

Here are rule for where stuff has to be probated:

1) all real estate is probated in the state where the real estate is located

2) everything else is probated in the state where the Decedent was a resident at the time of death.

Not everything has to go thru probate:...
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1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: What if bank released deceased person's bank account funds to wrong person without proper court order?

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 »

Jonathan Craig Reed
Jonathan Craig Reed
answered on Oct 4, 2017

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 »

1 Answer | Asked in Probate for Nevada on
Q: Degree of kindred state of nv Order of succession in case of sister intestate with no children or spouse

Civil law part 300: 107:1941;1931ncl 9882.300

Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 2, 2017

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 »

1 Answer | Asked in Probate for Nevada on
Q: Which county would I obtain probate in? The one where my father passed or where I live?

He has money in a Direct Express account. He passed 8 months ago with no will and I'm his only child with no wife. I live in Reno, NV and he passed in Las Vegas, NV.

Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 2, 2017

For personal property the probate must take place in the state where he was a resident. The court will look at the death certificate to see which state was his residence state at the time of death.

2 Answers | Asked in Probate for Nevada on
Q: Does an Executor need to file a public notice to creditors when a deceased person's liabilities are more than assets?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Jul 15, 2017

If an executor is filing for summary or general administration in Nevada the executor must publish a notice to creditors.

Sometimes it is not known when the Decedent dies whether or not their assets will ultimately prove to be worth more or less than their liabilities. Assets can fluctuate...
Read more »

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2 Answers | Asked in Probate for Nevada on
Q: If I request medical records through probate courT will creditors come after me and my family?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Jul 10, 2017

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 »

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1 Answer | Asked in Probate for Nevada on
Q: MY Mom passed and had a lawsuit going against the mesh co, so they want me to send probate paperwork

to claim her settlement! How do I go about this?I'm in Las Vegas, NV. Thank you!

Jonathan Craig Reed
Jonathan Craig Reed
answered on Jun 20, 2017

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 »

1 Answer | Asked in Probate for Nevada on
Q: What is the difference between summary and general administration?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Jun 9, 2017

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 »

1 Answer | Asked in Probate for Nevada on
Q: Mother passed, bank account for just under 10,000 was outside of the trust. The bank refuses affidavit of entitlement.

Bank stated 'need court docs to disburse her account'. What documents and what do I need to do? I live in Arizona, decedent lived in NV

Jonathan Craig Reed
Jonathan Craig Reed
answered on Jun 3, 2017

The bank is wrong. You may need to hire a lawyer to write a letter to the bank.

1 Answer | Asked in Probate for Nevada on
Q: Mother passed. If the only child, is probate needed in Las Vegas, NV?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Jun 3, 2017

Yes, unless the estate is no more than $25,000 and there is no real estate in it

1 Answer | Asked in Probate for Nevada on
Q: How much repayment will Medicaid want? Currently in probate.

No will. Paid for home & car and $50k in checking. No spouse, no children. 4 siblings none lived with the decised.

Jonathan Craig Reed
Jonathan Craig Reed
answered on Jun 3, 2017

Nevada Medicaid will claim it is owed 100% of all money it provided on behalf of the Decedent during Decedent's life time. Under the facts you set out, Nevada Medicaid should win on its total claim.

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