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Questions Answered by Jonathan Craig Reed
2 Answers | Asked in Probate for Nevada on
Q: Need proba need a probate attorney for administrator of will in Fallon Nevada Churchill county
Jonathan Craig Reed
Jonathan Craig Reed
answered on Jan 22, 2024

You should state the value of the estate. For real estate the value is what it would sell for--the Court accepts Zillow.com--minus the mortgage. The reason the value is important is because there are different probate procedures for different values estates. (If no real estate and value under... View More

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2 Answers | Asked in Estate Planning, Tax Law and Probate for Nevada on
Q: My father died. his bank account which on all of them only assets. I’m only child. Mother dead. what to do?

He has 96k in a VA FIUCIARY account which in the fiduciary. He has 99k in an account which I am on, and 37k in a savings which I’m on. No spouse or other kids. I live in Henderson Nevada

Jonathan Craig Reed
Jonathan Craig Reed
answered on Jan 12, 2024

You don't say what state your father was a resident of. The state he was a resident of when he died determines which state law controls the distribution of his assets that are NOT real estate. The details of probate law vary from state to state. If I understand your questions correctly, there... View More

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2 Answers | Asked in Probate for Nevada on
Q: How to start probate with a will and executor outlined in Nevada, Clark county?

decendent had a will outlining executor. Will is filed with clark county. Need to know how to start probate for estate estimated between $200-300K

Jonathan Craig Reed
Jonathan Craig Reed
answered on Oct 10, 2023

The first Q is whether the Will is valid. If it is an original Will, you must file it with the Clerk of Court. This has to be done by mail or over the counter so the clerk can see if it is an original. It cannot be e-filed. If it is not an original, then it is a complicated matter to get the court... View More

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1 Answer | Asked in Probate, Estate Planning, Landlord - Tenant and Real Estate Law for Nevada on
Q: In Nevada under NRS statues my mom owns property .Has dementia for 5 yrs no will .when she dies what paper do I file?

Her and boyfriend are joint tenants on her other property both on deed. The other property is in my mom's name only and is paid in full and I live in the house .I have to file paperwork when she dies .What paperwork should I have ready in the State of Nevada?

Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 22, 2023

If your mother dies before her boyfriend, he will end up owning the property they hold in joint tenancy. If you are an only child and your mother dies without a will you will have to probate the house solely in her name but you will get it unless creditors have a claim. Even if she had willed the... View More

1 Answer | Asked in Probate for Nevada on
Q: Can letters of administration in California be transferred or filed in Nevada instead of filing a new probate petition.

Dad lived in California but owns property in Nevada. He died without a will was not married and I am his only child. I’m the administrator in California and don’t have a clue on where to start with Nevada. Can the order or letters of administration in California be filed in Nevada instead of... View More

Jonathan Craig Reed
Jonathan Craig Reed
answered on Nov 3, 2023

If your father owned real estate in Nevada, an ancillary Nevada probate must be opened. Real estate must always be probated in the state it is located in. If the Nevada property is bank accounts, then the California Letters will work.

1 Answer | Asked in Probate for Nevada on
Q: My uncle recently passed I am the only living next of kin, how do I find out if he had a will.

He had a wife who passed yes before him, she had children but not his. He has a home but I don’t know how to get access which is probably where the will is.

Jonathan Craig Reed
Jonathan Craig Reed
answered on May 17, 2022

A person having an original Will (not just a photocopy) is required by law to file it within 10 days after the Will writer dies. This is not strictly enforced. Some people are slow to file a Will or begin probate. However, you can search for filed Wills by name on the Clark County Court website.... View More

2 Answers | Asked in Estate Planning and Probate for Nevada on
Q: In Nevada, if quitclaim deed (adding spouse) does not specify JTWROS, is it assumed right of survivorship?

Spouse dies, does deed transfer upon presentation of death certificate?

Jonathan Craig Reed
Jonathan Craig Reed
answered on May 12, 2022

In order for the surviving spouse to obtain full title w/o probate the deed to both spouses must say as joint tenants or with rights of survivorship. Then, in order to be able to get title insurance for a sale, the new deed must have been recorded BEFORE the first to die spouse dies.

If...
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2 Answers | Asked in Probate for Nevada on
Q: My father died in Las Vegas without a will. I have a estranged half sister. Does the court automatically give her half?

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... View More

Jonathan Craig Reed
Jonathan Craig Reed
answered on Jun 21, 2021

If your father died without a Will and the "estranged" daughter is his biological daughter and you and she are the only children he ever had and he died unmarried, she gets half of his estate just like you. If you fail to mention her in paperwork you file you will be committing a fraud.... View More

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2 Answers | Asked in Probate for Nevada on
Q: Intestate, spouse deceased, without living parents or siblings, natural, half or adopted, but surviving 1st cousins?

Do the cousins have any claim on the intestate’s estate? Intestate residency is NV and cousins in NC and MD.

Jonathan Craig Reed
Jonathan Craig Reed
answered on May 26, 2021

The cousins have a claim if they are blood relatives which means that there is a common ancestor of the cousin and the deceased. I think under a strict definition of cousins, they are always blood relatives, but with divorces and blended families the term cousin may be used loosely.

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2 Answers | Asked in Probate for Nevada on
Q: Do wills in Nevada need to go through probate if property is involved?

Both my stepfather and mother passed away within a year of each other. They owned two homes and numerous vehicles in both Sun Valley and Silver Springs Nevada. My youngest brother and his family now occupy one home and his oldest son lives in the other. He is saying his fathers will left him the... View More

Jonathan Craig Reed
Jonathan Craig Reed
answered on Apr 9, 2021

Yes. Property that passes under a Will has to go through probate.

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2 Answers | Asked in Probate for Nevada on
Q: In the state of Nevada is it illegal to rent out a house while it's in probate
Jonathan Craig Reed
Jonathan Craig Reed
answered on Jan 10, 2021

There is no blanket prohibition against renting out a house in probate. Indeed, one of the problems with vacant houses is squatters can move in and in many jurisdictions, such as Las Vegas, the police will tell the personal rep. of the estate that the squatter is a civil matter and they need to get... View More

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1 Answer | Asked in Probate for Nevada on
Q: Is a Nevada DEED UPON DEATH document still required to go through Probate?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Dec 18, 2020

The Deed Upon Death was designed by the Nevada legislature to function like a payable on death bank account. The Deed Upon Death has to be filed with the County Recorder prior to the death of the grantor and then upon the death of the grantor, the grantee files an Affidavit of Death of Grantor... View More

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: My mother was recently murdered she owned a house in Las Vegas, Nevada. She had no will. And I live in California

Since I live out state how do I petition the state for her house property?

Jonathan Craig Reed
Jonathan Craig Reed
answered on Nov 2, 2020

You will need to hire a Nevada lawyer to probate her estate. If she was married and her spouse was not the murderer there would be a split of her estate between her children and spouse unless her estate is less than $100,000 in which case it would probably all go to her spouse. If she was unmarried... View More

2 Answers | Asked in Probate for Nevada on
Q: My husband passed away in June 2019. His cousin passed 27 hours prior and named him as a beneficiary of her trust.

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

Jonathan Craig Reed
Jonathan Craig Reed
answered on Mar 31, 2020

Some Trusts and Wills provide that a beneficiary must survive the writer of the Trust or Will by a certain number of days to receive the inheritance. However, if the cousin's trust lacks such a provision, your husband's gift under the cousin's trust goes to his estate. The successor... View More

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1 Answer | Asked in Probate for Nevada on
Q: Whose estate/ probate laws would apply for a DE resident who died and left a $40,000 checking account in a NJ bank ?

Should a "short certificate" issued by a Delware probate court be sufficient to claim the account ? The Will is being filed in DE and will go through probate in DE.

Jonathan Craig Reed
Jonathan Craig Reed
answered on Dec 9, 2019

As a general rule throughout the United States, what is known as personal property (such as bank accounts) are probated in the state the Decedent was a resident regardless of which they the personal property is located in. So, yes, the Delaware probate court has jurisdiction of the NJ bank account... View More

1 Answer | Asked in Probate for Nevada on
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,... View More

Jonathan Craig Reed
Jonathan Craig Reed
answered on Jul 9, 2019

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... View More

1 Answer | Asked in Probate for Nevada on
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?

Jonathan Craig Reed
Jonathan Craig Reed
answered on Jul 4, 2019

I don't think so. This answer is based on Nevada law. There might be unusual circumstances that make for a different answer.

1 Answer | Asked in Probate for Nevada on
Q: SO if the vesting states JT or RS. Then ALL of the property of the deceased, goes to the surviving spouse?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Jul 2, 2019

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... View More

1 Answer | Asked in Probate for Nevada on
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... View More

Jonathan Craig Reed
Jonathan Craig Reed
answered on Jun 30, 2019

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... View More

1 Answer | Asked in Probate for Nevada on
Q: Vesting on property is NS, (no status). Please explain. Does surviving spouse get the property?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Jun 30, 2019

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... View More

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