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Questions Answered by Dara Joy Goldsmith
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 Probate for Nevada on
Q: if i started a case rep myself then got and attorney and then the attorney fell of . can i file documents myself again

a document he provided for signature. my i file that myself since hes mia

Dara Joy Goldsmith
Dara Joy Goldsmith answered on Jun 21, 2021

You will need to file a substitution of attorney in the proper person. The self help center will have forms that you can use to achieve that objective.

2 Answers | Asked in Probate for Nevada on
Q: My father died in Las Vegas without a will. I have a estranged half sister. Does the court automatically give her half?

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 »

Dara Joy Goldsmith
Dara Joy Goldsmith answered on Jun 21, 2021

You will need to publish notice of the hearing to her. She is entitled to half of the estate, assuming she is your father's daughter. It may be worthwhile finding out if she predeceased your father, and if she predeceased him did she leave children. Your case is not a simple set aside. I... Read more »

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2 Answers | Asked in Probate for Nevada on
Q: Intestate, spouse deceased, without living parents or siblings, natural, half or adopted, but surviving 1st cousins?

Do the cousins have any claim on the intestate’s estate? Intestate residency is NV and cousins in NC and MD.

Dara Joy Goldsmith
Dara Joy Goldsmith answered on May 26, 2021

Possibly. If the Decedent did not leave a valid Will and the cousins are among the degree of kin that are the closest relatives then they may be intestate heirs.

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2 Answers | Asked in Contracts, Probate and Real Estate Law for Nevada on
Q: I was in contract to purchase a house in probate. The house was sold to some one else in court. I had no representation.

I was told not to come to hearing unless i objected to the sale. I thought the house was to be sold to me so i didnt go. The house was sold to some one else. I had no representation at hearing to counter offer any offers at that time. I have signed contract, sent earnst money which was cashed then... Read more »

Dara Joy Goldsmith
Dara Joy Goldsmith answered on May 16, 2021

I agree with my colleague Mr. Kaplan and add that you should discuss this with your agent. You should review your offer and the acceptance and any accepted counteroffers. If you still have questions you may want to retain an attorney review the documents and advise you of any rights you may have.... Read more »

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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 »

Dara Joy Goldsmith
Dara Joy Goldsmith answered on Jan 17, 2021

You should have an attorney review the file to advise you. Without knowing the specifics regarding timing and the terms of your grandfather’s Will it is impossible to advise you.

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2 Answers | Asked in Probate for Nevada on
Q: In the state of Nevada is it illegal to rent out a house while it's in probate
Dara Joy Goldsmith
Dara Joy Goldsmith answered on Jan 9, 2021

No, it is not illegal, but it may not be a good idea. There a lot of issues to consider: insurance, damage, possible eviction of tenant; probate completing before the end of the lease, difficult to sell if necessary, possibly needing court approval to allow a tenant; objection by beneficiaries,... Read more »

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1 Answer | Asked in Probate for Nevada on
Q: What can I do if my Dad's newest wife from year 2016, contests my Dad's holographic will made in year 2014 in Nevada?
Dara Joy Goldsmith
Dara Joy Goldsmith answered on Jan 8, 2021

Pursuant to Nevada law, since the Will predates the marriage, she is entitled to receive all community property AND 1/2 or or 1/3 of the separate property, depending upon how many children he has. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be... Read more »

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