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Nevada Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Nevada on
Q: How can I invoke NRS. 163.170?
Dara Joy Goldsmith
Dara Joy Goldsmith answered on Jul 2, 2021

NRS 163.170 is a trust administration statute, not an estate planning statute. In order to respond to the question and possibly determine whether that statute even applies to your situation, it would probably be better to formulate your inquiry with some facts to describe why/why not you want it... Read more »

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: HOW CAN MY GIRLFRIEND STOP HER MOM FROM KICKING HER OUT OF THE FAMILY HOME

MY FRIEND AND HER SON AND DAUGHTER AND MOM LIVE IN THE FAMILY HOME. ON APRIL 29, HER DAUGHTER DIED AND ON THE 30TH HER MOTHER ABANDONED THE HOME. NOW HER MOTHER IS SENDING TEXT MESSAGES THAT SHE NEEDS TO MOVE OUT. SHE STILL HAS NO IDEA WHERE HER MOM IS. SHE PAID THE BILLS, CARED FOR THE PETS, YARD... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Jun 10, 2021

I believe you might benefit from speaking to an estate planning attorney regarding this question.

1 Answer | Asked in Copyright, Estate Planning, Business Law and Intellectual Property for Nevada on
Q: My late husband had semiconductor patents. I haven't probated yet and not sure what needs to be done. US4,697,332
Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 7, 2021

Talk to an attorney

Patents are property, but they expire, so depending on when he got them you may or may not have any valuable assets

2 Answers | Asked in Estate Planning and Securities Law for Nevada on
Q: Do the State Courts have power to compel the company to lift restrictions on its stock?

The company refuses to lift restrictions on sale from the shares I inherited from my father who was an executive. They do not provide justification, looks like it is a bad faith to force me to sell the stock through them at a much lower price.

Father passed away 10 years ago after he... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 30, 2021

The answer to your question is most likely no. Corporations are subject to very strict laws regarding the issuance of stock to non-insiders. Public offerings are extremely expensive. Even private offerings must be done in accordance with strict rules requiring certain minimum disclosures and... Read more »

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1 Answer | Asked in Real Estate Law and Estate Planning for Nevada on
Q: My father died with a will. He inherited land from my moms family. How do I separate my share from my nephews?

The land was not a part of the will. I do not want to have any financial connection to my nephew. I offered to buy him out, as he cant afford to pay the taxes on the land. He refused. I want to split the land so I can sell my portion back to my cousin who owns the land around my moms land and not... Read more »

Janice Jacovino
Janice Jacovino answered on Mar 14, 2021

I am sorry for the loss of your father.

This question was posted in Nevada but it seems the land is in North Carolina. So Nevada law will probably not be as helpful. You may want to repost to North Carolina attorneys.

In Nevada you file in court to establish your rights to the...
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1 Answer | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for Nevada on
Q: How can I find out if Medicaid Estate Recovery will file a claim on family estate?

Nevada 1997: Grandma died testate. Her estate worth $6000. She willed it to my disabled mom who'd lived with her as caregiver for 3 yrs before Grandma went into nursing home. Grandma's attorney filed Order to Set Aside, adding that Medicaid Estate Recovery lien for $16k was... Read more »

Dara Joy Goldsmith
Dara Joy Goldsmith answered on Mar 4, 2021

Before filing you could call MERS and inquire if either your grandmother or mother owe MERS money. You would need to then file 2 Petitions for Set Aside, assuming MERS is not owed money or you are going to pay MERS to the property. MERS needs to be noticed in both your grandmother's and... Read more »

1 Answer | Asked in Estate Planning for Nevada on
Q: Can I write my own will in Nv ? I have beneficiaries on financial accounts bought townhouse 3 yrs ago and have car paid

Also need to include household items. Leaving to 2 siblings but I have 5 and mom is still alive thank you

Dara Joy Goldsmith
Dara Joy Goldsmith answered on Jan 28, 2021

You would benefit from speaking with an attorney about Will substitutes that avoid probate. There are a few options you may want to consider. Also if you decide a Will is right for you, there are a number of benefits of having an attorney prepare it, including have powers of attorney and a living... Read more »

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: I have a check that says "pay to the order of (my father, deceased, c/o (sister)". I am the executor of his will.

My bank wont set up a trust account. The check is about $8000. And my dad owes taxes of at least $9000. How should i procede?

Dara Joy Goldsmith
Dara Joy Goldsmith answered on Jan 20, 2021

Do you have a court order appointing you executor and Letters testamentary? If so, present those two court filed pleadings and the bank should allow you to open the estate account, not trust. If not, you may need to open a probate estate through the courts. I encourage you to speak with a Nevada... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Nevada on
Q: What are the rights of a heir(s) in a probate legal matter? Aunt has been trying to get us to waive our rights why?

My mother passed away in 2007. My grandfather recently passed away and my brother and I were told by our aunt and uncle that we were removed from his will because our mother died however his home went into probate. She has been trying so hard to get my brother and I to sign waivers and we are not... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 17, 2021

This question cannot be answered without more information. Do yourself a huge favor and schedule a consultation with a probate attorney in the vicinity of where the probate is taking place. Do not delay. There are important deadlines that you do not want to miss.

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1 Answer | Asked in Estate Planning for Nevada on
Q: How to obtain the most recent trust papers for the beneficiaries from financial advisor
Delwyn E. Webber
Delwyn E. Webber answered on Dec 4, 2020

More information is necessary to answer this with certainty, as there are a few factors involved.

Is/are the Trustor/s deceased? If not, then the beneficiaries are most likely not entitled to a copy of the Trust until their death, depending upon the terms of the Trust. If the Trustor/s...
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2 Answers | Asked in Estate Planning and Probate for Nevada on
Q: My dad owned a business, he passed and there's a questionable will.

The second my dad died, my aunt started asking about a will. My mom, my dads accountant and my aunt agreed to meet in the morning and go through my dad's office together. The next day at 7am my aunt was already at the office tearing it apart in search of a will.

My aunt ended up... Read more »

Steven J. Fromm
Steven J. Fromm answered on Nov 15, 2020

If you suspect foul play then you need to immediately retain an estate litigation attorney to discuss all details of this case. The other thing you should do is check with the attorney that wrote the old will to see if he updated it. If that yields nothing, then see if you can determine who his... Read more »

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1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: My mother was recently murdered she owned a house in Las Vegas, Nevada. She had no will. And I live in California

Since I live out state how do I petition the state for her house property?

Jonathan Craig Reed
Jonathan Craig Reed 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 »

1 Answer | Asked in Estate Planning for Nevada on
Q: If my executor is my 100% TOD beneficiary, can I also designate that others will receive $$ gifts from that same amount?

I want to make settling my estate a simple process for my executor. I'm thinking I will pay one beneficiary via TOD/POD transfers (my executor), then instruct him to divide what he is paid amongst two or three others. So, I guess I'm wondering...should I just choose to SPLIT my assets... Read more »

Delwyn E. Webber
Delwyn E. Webber answered on Sep 11, 2020

My suggestion would be to have TOD on all of your accounts, and split them between all of your beneficiaries in whatever percentages you desire. If all of your assets are liquid, you can avoid Probate simply by naming beneficiaries on your accounts. If you don't have TOD, then the funds... Read more »

1 Answer | Asked in Estate Planning for Nevada on
Q: How can I get a copy of a trust if not from the holder?
Delwyn E. Webber
Delwyn E. Webber answered on Aug 10, 2020

That would depend upon whether or not you are entitled to a copy of the Trust and/or upon who the 'holder' is. You will need to be more specific to get an answer. Try asking again, with more information.

1 Answer | Asked in Contracts, Estate Planning and Probate for Nevada on
Q: My wife's uncle is embezzling funds from a trust. He wants to have her sign a new trust.

My wife's uncle is embezzling funds from a trust. He wants to have her sign a new trust. In the original trust, A, he has full discretion over funds. In trust fund B, he does not. He wants to merge trust fund B into trust fund A, so he can steal it.

What I'm curious about is... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 31, 2020

You should contact an attorney familiar with trusts and estates that can review the two trusts you make reference to and provide legal guidance. You don't mention the type of trust (revocable, irrevocable, etc.), and you mentioned the merging of the trusts and dissolution (of I guess trust B).... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Probate for Nevada on
Q: My father is ill and may not live very long.

He is not lucid. Is there a way for my mother (they are married) to get durable power of attorney over him or is there another option? She is looking to refinance her home at a lower interest rate so that she can afford to stay there after he passes.

Delwyn E. Webber
Delwyn E. Webber answered on Jun 12, 2020

Unfortunately as your father is not lucid, he cannot sign a Power of Attorney. Your mom would have to get a guardianship over him through the Court. This all takes time and expense and the Court would have to consent to refinancing the house.

After your dad passes your mom should be able...
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1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: What is the difference between being an interested person in a trust and a non interested person.
Tiffany Ballenger Floyd
Tiffany Ballenger Floyd answered on May 30, 2020

Interested "person" may be the grantor (creator) of the trust, a trustee and/or a beneficiary. Interested "trustee"- The term Interested Trustee means a Trustee who:

is a transferor or beneficiary;

is related or subordinate to a transferor or beneficiary;...
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2 Answers | Asked in Estate Planning for Nevada on
Q: In Nevada are Will's nullified after marriage? My father is getting married again.
Nina Whitehurst
Nina Whitehurst answered on May 13, 2020

No the will is not nullified but the surviving spouse might be able to elect to take a share of the estate against the terms of the will. How much depends on many other factors such as how much of the state was separate property and how much was community property, how many children the decedent... Read more »

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1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: Hi, when opening probate and signing POA over to probate attorney in Nevada do I need to revoke it?

I have an order to set aside estate without administration $100,000 and I never put the property in my name or bank account. Do I need to cancel the Power of Attorney? Then send Demand letter to bank? Or to probate lawyer after I revoke?

Also, There was deed assignment to Us Bank as Trustee... Read more »

Delwyn E. Webber
Delwyn E. Webber answered on May 8, 2020

I assume you signed a 'limited' power of attorney to enable the attorney to file the Set Aside. A Certified Court Order will allow you to transfer the bank accounts etc into your name so you should provide that to the Bank. If by 'property' you mean real estate, that you will... Read more »

1 Answer | Asked in Estate Planning for Nevada on
Q: What I’m asking is there a form or can we write this out ourselves stating that I her boyfriend

Is there a form I can fill out stating that she grants me 25% of estate including insurance (life)

Delwyn E. Webber
Delwyn E. Webber answered on Apr 27, 2020

Your girlfriend will have to prepare/sign a Last Will and Testament naming her you as to 25% if she desires to leave you a certain percentage of assets from her estate. She would also name the other beneficiaries and their percentages.

She should also name you as a 25% beneficiary of her...
Read more »

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