Get free answers to your legal questions from lawyers in your area.
answered on Feb 16, 2023
If husband has children, it would go to them, and if a child of husband is deceased with chiildren, that deceased childs children would take his/her share. If no children, then parents. If parents are deceased, then siblings.
Relatives are living there rent free because of health issues. I want to store my dad's belongings there and they are telling me there is no room. I've heard my uncle is going to try and get it. What can I do or where do I start? There is no will. Do I have any authority at all? Please help
answered on Jan 3, 2023
Firstly, sorry for your loss.
Based upon what you have said, the house and dad's other assets will become yours as an only child, however the assets will most likely have to go through probate to become yours. You should consult with an attorney soon regarding opening a probate action... View More 
Spouse dies, does deed transfer upon presentation of death certificate?
answered on May 12, 2022
No, it is not assumed, and even if it was JTWROS, presentation of the death certificate is not sufficient.
You should consult with an attorney, as there are a few things to consider before it can be determined how best get the house transferred.
His assets are a house worth near $300,000 and a car that are solely in his name. However, his sister is in possession of and claims he bought for her. Is my husband entitled to half of these assets? Will this have to be settled in probate court? Is there any instance she would be awarded... View More
answered on Feb 16, 2021
I agree with Counsel below. In most circumstances in NV, the Will needs to go through Probate before the assets can be transferred to the heirs. Your husband really should meet with NV Counsel who can discuss his rights.
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... View More
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... View More
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... View More
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.
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.
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... View More
answered on May 13, 2020
Good morning;
The following is the NV Statute which answers your question:
1. If a person marries after making a will and the spouse survives the maker, the will is revoked as to the spouse, unless:
(a) Provision has been made for the spouse by marriage contract;... View More
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... View More
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... View More
Is there a form I can fill out stating that she grants me 25% of estate including insurance (life)
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... View More
My husband and I have pour over wills as part of our trust. What steps are needed to recieve his inheritance? Do I have to open a probate case as executor of his will? This inheritance will be over $150,000.00
answered on Apr 1, 2020
Firstly, sorry for your loss.
As the cousin named your husband as beneficiary then those funds would be distributed to your late husband's estate. You would then need to Probate your late husband's Will through a Summary Administration to have those funds transferred into your Trust.
I am my mothers executor. I was able to close all her accounts with only the letter of testementary and death cert. I went to a small bank to take possession of her safe deposit box and the bank approved my documents in person.
The next day they called me and said I only had an oath. I... View More
answered on Jan 27, 2020
Court issued Certified Letters Testamentary 'should' be all you need. It does appear that the staff at the bank are not well versed in this area, which can be extremely frustrating. The 'notice of entry' they are asking for may just be the Notice of Entry of Order which would... View More
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... View More
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.
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... View More
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.
Do I have rights? Kids aren't aware of partnership. Do I need to file anything?
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... View More
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?
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.
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?
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.
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
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.
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.
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... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
