I am sorry for your children’s loss. Without more facts it impossible to answer the question. Facts needed are state of his residence at time of death, the ages of all of his children, how his assets are titled, approximate value of assets to go through probate, does he have a Will or Trust,...Read more »
Assuming your mother was a raiders t of Nevada when she died, pursuant to Nevada intestate law, her deceased children’s grandchildren step into their deceased parent’s shoes. That being said, assuming your deceased siblings each had at least one child, the estate would be divided in four, on...Read more »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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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