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

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

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.

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

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

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

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... View More

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

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.

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

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

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

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

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

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

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

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

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

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

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