Questions Answered by Jonathan Craig Reed
Q: Deed Upon Death
I have a Deed upon death, but not related. The deceased has personal property in the condo and Clark County has taken Action to secure personal property. Blood relatives not cooperative, how do I proceed as owner of real property to obtain title and remove personal property out of real property,... Read more »
Probably the Clark County Coroner has secured the condo to give the estate a reasonable time to remove personal possessions and look for things like bank statements and safety deposit keys. I think your first step would be to call the Coroner, explain your interest, and ask how long the Coroner... Read more »
Q: Mother passed away intestate, has a surviving spouse that has been put into a nursing facility. He has one daughter,
My mother has three children, we all live out of state. The deed to the home/property is in her husband (of 11 years) and his ex wife’s name. Property is not worth over 100,000. Do my siblings and I have any right to a portion this property sale?
I don't think so. This answer is based on Nevada law. There might be unusual circumstances that make for a different answer.
Q: SO if the vesting states JT or RS. Then ALL of the property of the deceased, goes to the surviving spouse?
If a particular item of real estate is owned by husband and wife and the vesting is JT or RS, then in the absence of unusual circumstances, such as claims of fraud or undue influence in changing the title, the surviving spouse should own that particular item of real estate, subject to whatever... Read more »
Q: Hypothetical. The step-father, dies. He has kids from first marriage. they are all over 30...
They don't really have a relationship, other than a phone call couple times a year, they live in Kansas. Is the surviving widow obligated, by law (in Nevada), to address any concerns from his children from first marriage? Even if the will is silent on the issue. Its about the residential home.... Read more »
If there is no Will, the law of who gets what without a Will (intestate succession) applies. This law does not take into account the nature of the relationship between the Decedent and any child or spouse. If there is no Will, and if the gross value of the estate is over $100,000, 1/3 goes to his... Read more »
Q: Vesting on property is NS, (no status). Please explain. Does surviving spouse get the property?
NS means that when the owner dies the property must be probated. If there are 2 or more owners, such as husband and wife, if one of them dies his or her share must be probated. To avoid probate when one of two owners dies the vesting should read either JT for joint tenant or RS for right of... Read more »
Q: Thank you. I’ll zoom thru to points. Father passes away 1/2012. Sister comes out as executrix, 2nd Sister & her
Son are co trustees of a “trust”. Up until 1/2019, we assumed it to be truth. I checked, and executrix never filed the will. I am in the state of Nevada. So I filed for probate and have an open case. Should executrix be in gross violations?
Nevada law requires that a person in possession of the original copy of a Will should file it with the court in the Decedent's county of residence within 30 days of the death. However, if all assets of the Decedent will pass outside the Will (because they are in a trust or because they are in... Read more »
Q: I have a Nevada client whose deceased husband's Will names a daughter but the wife can't find her.
Need to publish some kind of notice to the unknown child but this goes beyond my probate expertise and I have no idea what to file and publish.
There is nothing wrong with a Nevada licensed lawyer asking a probate question on this forum but if you are not a Nevada licensed lawyer you are practicing law without a license in Nevada if you have a Nevada probate client.
If a valid Will makes a gift to a person, unless the Court is... Read more »
Q: I and my kids were given 2 vehicles and a Fifth Wheel by my ex-significant other/dear friend 2 days before he passed.
Without signed titles, but with witnesses to the gift and an audio recording can we enter the probate process?
I don't think it looks good unless you can get his intestate heirs (the people who would inherit in the absence of a will) to agree that you may have the property. Then you could do a probate with the intestate heirs doing what is called a Re-Assignment to you. Maybe another lawyer will have a... Read more »
Q: After probate is closed how long does an attorney have to send out payment from estate sale?
I personally try to send out checks to the beneficiaries on the same day that the probate closes if the money has been sitting in my trust account.
Q: In Nevada are non-probatable assets included in determining the size/value of an estate?
In Nevada my fathers estate is upward of $300,000. with real property. the properties are all deeded upon death to me, as are all his vehicles and bank accounts. He does have many investments that he has not discussed much so i don't know how they are handled.
it is my understanding that... Read more »
The probate estate includes those items that have a title and can't be transferred from the deceased without a court order. Property in joint tenancy (where one joint tenant is still alive), or held with a transfer on death deed, or bank accounts payable on death are NOT in the probate estate. So,... Read more »
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?
Unless there is some other reason you are liable for the Decedent's debts (for example, you co-signed for a loan) if the estate has negative value and if you have not received money from the Decedent due to Decedent's death in a non-probate transfer, then you can just walk away and do nothing. As... Read more »
Q: My grandfather passed away in Nevada, no surviving spouse. He had two daughters.
My mother( his daughter) is deceased and my surviving aunt. My mother had three children, one is deceased, the other wants nothing to do with my grandfather's estate and the other child is me. What will be the intestate distribution in Nevada?
50% will to your mother's descendants. If your deceased sibling left children, 1/3 of your mother's share will go to those children equally. If your deceased sibling died without leaving any descendants, one half of your mother's 50% share goes to you and the other surviving sibling who is free to... Read more »
Q: can affidavit of survivorship apply to only child living with parent alone? or is intestate succession mandatory?
My mom died intestate when I was 17. I am her only child and she was a widow her only living next of kin is her brother. I am trying to avoid going through the court since washoe county doesn't want to let me file everything with the court on my own but hire an attorney instead. I realize that... Read more »
You can't get title with an affidavit. You will need to do a probate. The proper value of the estate is the value of the home at the time of your mother's death which is probably a lot less than the current value. The Court will accept the Zillow.com value and the Zillow.com website usually lets... Read more »
Q: Does NRS 134.160 apply to my situation?
NRS 134.160 Kindred of half blood. Kindred of the half blood inherit equally with those of the whole blood in the same degree, unless the inheritance comes to the decedent by descent or devise from an ancestor, in which case all those who are not of the blood of the ancestor are... Read more »
The easy answer is that if the house was truly held in joint tenancy by Mom and Dad, Dad owns the whole house upon Mom's death. (You or your lawyer can file an Affidavit of Death of Joint Tenant with attached death certificates on both to move the ownership from joint to your father's estate.)... Read more »
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?
The courts will not accept the County Assessor's value. They will accept Zillow.com evaluation and the proper evaluation is the date of death evaluation. Zillow has a tool that lets you get the value for any month going back several years. Zillow.com evaluations don't take into account the... Read more »
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
It would be a cheaper and simpler probate process if you could get the value of the house down to no more than $100,000 so you could do a set-aside--assuming you could truthfully state under penalty of perjury that all known debts have been paid.
You can do the zillow.com evaluation at the... Read more »
Q: Dad died with a will in Las Vegas on Nov. 10, 2018. He had a will that we haven't seen.
Stepmother/Father bought house together three years ago in vegas and she may have been his beneficiary for his 401k but we would like to see the will because he previously told me we were mentioned in it for when she dies.
Haven't seen online any filing of the will with the courts or... Read more »
If your dad and his wife bought a house together they likely bought it as joint tenants meaning that if one of them dies, the other becomes the owner. You can go the Clark County Recorder's website (if the house was in Clark County, NV) and search by address or name or Assessors Parcel Number.... Read more »
Q: Can I file for set aside without admin myself for our home deeded in my wife's previous name? And take over the mortgage
All other assets jointly owned and property less mortgage is under$ 100,000
The mortgage company may have a right to call the mortgage as the original owner is no longer the owner. However, the estate does qualify for a set-aside in Nevada based on the facts you have provided. You have a legal right to try to do this yourself, but most people will need to hire a lawyer. If... Read more »
Q: I need to hire representatives to guide and adjudicate probate for my father who passed on the 8 Dec. Do you help?
Our firm does uncontested probates at discounted rates through out Nevada if the are Set Asides, Summary Administration or General Administration. These terms are explained on our website, probatenevada.net
If the probate is contested (because family members are fighting) you want to... Read more »
Q: My cousin died in NV without a will, only relatives are cousins. We were contacted by probate research firms.
I understand that the estate would have to go through probate and that an attorney is advisable. How is it that research firms get involved? Are they assigned by the County or State, or do they pursue heirs based on their research of County death records for their own interests? Do you advise the... Read more »
If you can determine where the asset is w/o a "research firm" you don't need to pay them. The Las Vegas (Clark County) probate judge does not approve of fees over 10% to a research firm. You can Google around until you get to the State Treasurer's unclaimed property website. There may even be a... Read more »
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