Questions Answered by Jonathan Craig Reed
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 »
Q: Probate-filing Will w/Court (NV Rev Stat 136.050) - is a form required or can executor simply give Will to court clerk
Given tight timeframe to file Will with the Court, is there a formal process or can executor attend with original will personally and submit it to clerk without formality.
The Clerk's office will be happy to take an original will from you if you advise that the person who wrote the will has died and simply hand it to them along with the filing fee. In Clark County (home to Las Vegas) the filing fee is $18. However, they will not accept a copy for filing.
Q: Husband has passed, resident of Nevada. Assets & home are jointly held. Do I need a probate lawyer?
Provided that the home is held in joint tenancy and ditto for other assets, you own everything without probate. Your phrase "jointly held" can be tricky. Unless the deed to the home contains the words, "joint tenancy" or "with right of survivorship" half of the home will have to thru probate. (I... Read more »
Q: I have searched and searched and can't find this answer: where do investments with no brick-and-mortar home vest
If a person owns property in two states, which one has jurisdiction over intestate investment accounts
Investments are considered "personal property" as contrasted with real estate or "real property." All personal property, wherever located, should be probated--if probate is necessary--in the state the Decedent was a resident of when he died. For this reason probate courts look at the Decedent's... Read more »
Q: Why must a Timeshare be Probated in Nevada when the Owner was never a resident of Nevada?
I inherited these Timeshares and was told the only way to get rid of them is to have them Probated through a Nevada Court. The original owner was never a resident of Nevada. The timeshare Main Office is in Florida. The Will states that I inherit any Real Property. To my understanding that is... Read more »
Unfortunately, Nevada takes the position that the timeshares are real property (real estate) not personal property. The deed probably has an Assessor's Parcel Number on it and was recorded as a deed. Nevada does not have a simple affidavit procedure for the transfer of real estate below a certain... Read more »
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?
If the house is titled in the name of the trust, you (technically the Successor Trustee rather than Executor) may sell the house (or transfer it according to what the trust says) without going through probate. Based on your question, I see no need to spend money on probate. Congratulations to your... Read more »
Q: A man died in Pahrump, found by roommate of 20 yrs. No will or trust found. Family notified by county admin but deceased
told many people including his CPA of 15 yrs that he didn't want his stuff going to family he disowned 30 yrs prior. Roommate is listed as beneficiary on at least one bank account. Can he and friends contest the probated estate going to his family? Roommate has also been locked out of the home... Read more »
As to property with a payable on death beneficiary, that property will go to the payable on death beneficiary. As to all other property it will go the closest relative(s) who are related by blood. The Decedent could have disowned his family in a properly executed Will but in the absence of a Will,... Read more »
Q: How does Probate Court determine the sale price of a home? Can the beneficiary adjust the price?
The beneficiary wants to sell the home at less than appraisal.
In Nevada if the personal representative is appointed with Full Authority Under the Independent Administration of Estates Act, the personal rep sets the sales price and give notice to all beneficiaries. If anyone objects, then the following procedure is used which is also used if the personal rep.... Read more »
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