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Questions Answered by Delwyn E. Webber
1 Answer | Asked in Estate Planning for Nevada on
Q: IRA account with no listed beneficiary passing into estate - does this go to next of kin ?

Father passed in Nevada. Will states "intentional and with full knowledge omitted to provide for heirs".

There is an IRA account (opened in CA) with no beneficiary listed and the bank form states it will pass into the 'estate'. As next of kin (who was intentionally omitted from will) is... Read more »

Delwyn E. Webber
Delwyn E. Webber answered on Jul 15, 2019

Although your father disinherited his 'heirs', did he name any beneficiary(s) in his Will? If he named beneficiaries, then the funds from the IRA should go to them through the Probate process.

1 Answer | Asked in Estate Planning for Nevada on
Q: Does a deed upon death created in 2016 supersede a will created in 2012?

Deed upon death leaves property to myself and my sister as JT. Will leaves property to my sister only unless she sells it, at which time the proceeds go to the 5 heirs as stated in the will. I am the financial guardian for his estate. My father passed away, last month, my mother in 2014. We plan to... Read more »

Delwyn E. Webber
Delwyn E. Webber answered on Jul 8, 2019

Firstly, sorry for your loss.

The Deed Upon Death prevails over the Will, so once you and your sister sign and file the appropriate Affidavit with the Recorder, the property will be transferred to you and her as Joint Tenants.

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: bf passed. I've got domestic partnership No will/his son hand wrote a note stating estate left to kids & he signed.

Do I have rights? Kids aren't aware of partnership. Do I need to file anything?

Delwyn E. Webber
Delwyn E. Webber answered on May 1, 2019

Firstly, sorry for your loss.

The Will signed by your bf would need to be viewed to see whether it is a valid Will under NV Statute; A registered domestic partner does have rights under the NV Statutes, so I would recommend that you meet with an attorney to review the Will and discuss your...
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2 Answers | Asked in Estate Planning, Elder Law, Municipal Law and Probate for Nevada on
Q: I'm a personal representative on will and sole beneficiary on will. Do I still have to file with courts Reno NV

Owes back taxes and past debts are on his credit report and future bills there is no money or assets to pay them. What I'm supposed to do?

Delwyn E. Webber
Delwyn E. Webber answered on Feb 22, 2019

Under NV Statute, the Will should be filed with the Court. If there are no assets, only liabilities, then there is no reason to spend funds opening an insolvent Probate. It would be different if there were assets to be transferred to you as the heir.

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3 Answers | Asked in Probate for Nevada on
Q: For probate, can you use the assessed value of a home or do you have to use the market value?

For the purpose of determining the probate procedure to use, do you have to use the amount it states is the market value of the home or can you use the assessed value?

Delwyn E. Webber
Delwyn E. Webber answered on Feb 1, 2019

We typically use the Zillow value - just keep in mind if Zillow is used, and an appraisal is done which puts it over the statutory limit, you will need to convert the probate.

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2 Answers | Asked in Estate Planning and Probate for Nevada on
Q: What do I do if my parents died w/out a will, I am the only child & the only estate is a house and no debt?

Parents had no will. I am only child. No debts exist. Only thing to go through probate is the home they owned outright. The home is valued at $115,000

Delwyn E. Webber
Delwyn E. Webber answered on Jan 31, 2019

Firstly, sorry for your loss.

As the value of the house is in excess of $100,000.00, you will need to open a Summary Administration and go through the motions through the Court to have the house transferred to yourself as sole heir.

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1 Answer | Asked in Estate Planning for Nevada on
Q: My mother died in Nevada. We owned her home together as a "community property." I live in New York.

There is less than 15000 of other assets and the house is worth about 200,000. What steps do I need to take to be able to sell the house. She had a will, I am executor.

Delwyn E. Webber
Delwyn E. Webber answered on Jan 30, 2019

Firstly, sorry for your loss.

You mentioned that you own the property as 'community property' - did you mean 'joint tenants'? If you are joint tenants then the property will revert to the surviving joint tenant(s) upon recording of an Affidavit Terminating the Joint Tenancy....
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2 Answers | Asked in Probate and Estate Planning for Nevada on
Q: Dad died with a will in Las Vegas on Nov. 10, 2018. He had a will that we haven't seen.

Stepmother/Father bought house together three years ago in vegas and she may have been his beneficiary for his 401k but we would like to see the will because he previously told me we were mentioned in it for when she dies.

Haven't seen online any filing of the will with the courts or... Read more »

Delwyn E. Webber
Delwyn E. Webber answered on Jan 2, 2019

Firstly, sorry for your loss.

NRS 136.050 provides as follows:

1. Any person having possession of a will shall, within 30 days after knowledge of the death of the person who executed the will, deliver it to the clerk of the district court which has jurisdiction of the case or to...
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2 Answers | Asked in Estate Planning and Probate for Nevada on
Q: I need to hire representatives to guide and adjudicate probate for my father who passed on the 8 Dec. Do you help?
Delwyn E. Webber
Delwyn E. Webber answered on Dec 22, 2018

Sorry for your loss. I do practice in probate and will be back in the office Wednesday if you would like to call to discuss.

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1 Answer | Asked in Probate for Nevada on
Q: my father died and did not leave a will. how do i go about getting title to his property

he was not married and has another child.i have lived in the house for the past 5+ years and paid the bills. it recently caught fire and had no insurance

Delwyn E. Webber
Delwyn E. Webber answered on Jul 12, 2018

Firstly, sorry for your loss.

If he left no Will, he died 'intestate'. To transfer the property, it must first go through the probate process, and from what you have said, you and your father's other child are the heirs to the estate under the NV Statute. Please be aware that your...
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2 Answers | Asked in Probate for Nevada on
Q: My mother recently passed and has a home that was titled in a trust with a reverse mortgage does it require probate?

There is less than $70,000 in equity if we sell the home and payoff reverse mtge, no other assets - household items all to be donated to a local charity. I am the executor of the trust. Based on above information do I need to probate her estate?

Delwyn E. Webber
Delwyn E. Webber answered on Jun 25, 2018

Firstly, sorry for your loss.

If the residence is in the Trust you should not need a Probate. Typically a Trust provides that the Successor Trustee has the power to sell the asset.

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1 Answer | Asked in Estate Planning for Nevada on
Q: What kind of property can you put into a family trust?
Delwyn E. Webber
Delwyn E. Webber answered on May 14, 2018

Typically you can transfer real property, personal property, membership interests, stocks, vehicles, and the like. Assets that cannot be 'owned' by a revocable trust are Qualified Plans [IRA, 401K], Annuities and Life Insurance Policies. [Life Insurance Policies can be owned by an Irrevocable... Read more »

1 Answer | Asked in Estate Planning for Nevada on
Q: Mom died, no husband, 1 adult child. Home mortgage is only asset. What legal paperwork is required?

House estimated about $225k. Her name only on mortgage. Clark county

Delwyn E. Webber
Delwyn E. Webber answered on Nov 20, 2017

Firstly, sorry for your loss.

If there is equity in the home, a Probate will need to be opened to transfer the residence to the sole heir, or to allow the sole heir to sell the residence, unless Mom filed a Deed Upon death prior to her passing.

I hope this helps.

1 Answer | Asked in Estate Planning for Nevada on
Q: Do personal items in a house (clothing, jewelry, etc) go through probate in Nevada? If so, any way to avoid that?

Updating our estate plan. Once both my wife and I pass, who decides who gets all our personal items in the house? We have three adult children who are named as equal beneficiaries in our will.

Delwyn E. Webber
Delwyn E. Webber answered on Nov 20, 2017

Typically personal property doesn't go through probate unless it is 'valuable', or if there is a contest. Oftentimes clients leave a "memorandum" which sets forth which child gets certain pieces of personal property. You don't say whether you have a revocable living trust. If you do, you should... 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 how or... Read more »

Delwyn E. Webber
Delwyn E. Webber answered on Nov 17, 2017

Firstly, sorry for the loss of your dear friend.

The answer to your question depends upon the answers to some missing facts.

Are you aware whether your friend had assets in Sparks (ie: a house, car, bank accounts)? If so, those assets may need to go through Probate. As the Will...
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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 »

Delwyn E. Webber
Delwyn E. Webber answered on Nov 15, 2017

Sorry for your loss.

I don't believe you should have problems with the probate in NV as you will be able to show that grandmother passed first and therefore the joint account became your late father's sole account. This will all need to be explained in your Petition to the Court....
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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.

Delwyn E. Webber
Delwyn E. Webber answered on Nov 2, 2017

So very sorry for your loss.

As your father was a resident of Florida, this is a question for a Florida probate attorney. May I suggest you repost your question as Probate for Florida. Good luck to you.

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1 Answer | Asked in Estate Planning for Nevada on
Q: How to track down important files kept in law office when practice has closed and atty's are deceased or retired?
Delwyn E. Webber
Delwyn E. Webber answered on Oct 3, 2017

The first thing you may want to do is to reach out to the Nevada State Bar to see if they have any knowledge of anyone taking over the practice, or the transfer of files. Typically files are kept for 7 years, so if it is longer than that, you may not be able to obtain a copy.

Good luck to...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Nevada on
Q: Where do I get forms for a trustee declination to serve and appointment of successor trustee by resigning trustee?

Will left everything to trust. Named co-Trustees have failed to act within the 30 day time period (after death). Neither wants to serve. Need forms to effectuate my appointment as Trustee.

Delwyn E. Webber
Delwyn E. Webber answered on Sep 13, 2017

What I typically see is a "Declination" prepared by and signed by the resigning Trustee(s) just stating that they acknowledge they were nominated to serve as Trustees of the "Name" Trust, however they decline to accept that appointment. The form could include language stating that the declining... Read more »

1 Answer | Asked in Estate Planning for Nevada on
Q: I have a a home about 350k In Clark count, i 100k mortgage. I want to move house from my name to a trust.How do I that

I will form a trust using is legal forms. As I don't have much cash. I called Clark county and asked what forms I need, and they refused to give any guidance. All I wanted to know was what items do I need to bring in with me to transfer the name from me to my trust

Delwyn E. Webber
Delwyn E. Webber answered on Aug 28, 2017

You will need to prepare and execute a Warranty Deed and also a Declaration of Value to accompany it. You will need to present a copy of the Trust or Trust Certificate to the Recorders Office at the time of filing your documents, however the Trust is not recorded. You should then re-file your... Read more »

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