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Questions Answered by Jonathan Craig Reed
1 Answer | Asked in Probate for Nevada on
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.

Jonathan Craig Reed
Jonathan Craig Reed answered on Sep 25, 2018

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.

1 Answer | Asked in Probate for Nevada on
Q: Husband has passed, resident of Nevada. Assets & home are jointly held. Do I need a probate lawyer?
Jonathan Craig Reed
Jonathan Craig Reed answered on Sep 13, 2018

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 »

1 Answer | Asked in Probate for Nevada on
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

Jonathan Craig Reed
Jonathan Craig Reed answered on Jul 10, 2018

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 »

1 Answer | Asked in Probate for Nevada on
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 »

Jonathan Craig Reed
Jonathan Craig Reed answered on Jul 9, 2018

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 »

2 Answers | Asked in Probate for Nevada on
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?

Jonathan Craig Reed
Jonathan Craig Reed answered on Jun 23, 2018

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 »

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1 Answer | Asked in Probate for Nevada on
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 »

Jonathan Craig Reed
Jonathan Craig Reed answered on Feb 6, 2018

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 »

1 Answer | Asked in Probate for Nevada on
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.

Jonathan Craig Reed
Jonathan Craig Reed answered on Jan 29, 2018

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 »

1 Answer | Asked in Probate for Nevada on
Q: Does a will with listed exacutor & beneficiaries,no debt & real estate assets of $69,000 need to go thru probate?

Mother passed in Fernley, NV almost a year ago. Father passed prior to. House was to be sold and divided evenly between children (4,all adult). One of the siblings is buying house at fair market value ($69,000). All are in agreement.

Jonathan Craig Reed
Jonathan Craig Reed answered on Jan 28, 2018

Yes, it has to go thru probate. The Set-Aside proceeding can be used since the amount is under $100,000. If house was held in joint tenancy by both parents, there will also have to be an Affidavit of Death of Joint Tenant filed saying that when Dad passed, Mom became the 100% owner. Then Mom's... Read more »

2 Answers | Asked in Real Estate Law and Probate for Nevada on
Q: Does a holographic will dated 2017 supersede a trust dated 2011?

My sister-in-law died a few months ago with a trust dated 2011. We found, in her bedroom, a hand-written will, dated(2017) and signed, that conflicts with the trust.

In the body of the will, the wording "If I die today I will all my belongings to go to ******* my sister ***** *****'s... Read more »

Jonathan Craig Reed
Jonathan Craig Reed answered on Jan 18, 2018

As a general rule, things that have a title such as cars, bank accounts, real estate etc. are in a trust only if the tile has been changed to put the property in a trust. So if I own a house title in my name and I leave a trust saying my goes to A and a Will saying my house goes to B, B wins... Read more »

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1 Answer | Asked in Probate for Nevada on
Q: My husband passed away our home was in his name only. Nevada Probate Court set it aside for me.

Am I responsible for any liens in his name on the property, since it was set aside?

Jonathan Craig Reed
Jonathan Craig Reed answered on Jan 10, 2018

Yes, you take the property subject to all liens and mortgages.

1 Answer | Asked in Probate for Nevada on
Q: 7 year boyfriend died -I was forced to leave by daughter without belongings purchased in relationship. What do I do?

One of his sisters advised me to find out if my name is on any of his accounts, policies, and to start going thru my receipts. The sister that gave me the advice was the one I thought he had listed at his current beneficiary. He did not have a WILL. We had separate bank accounts, 401k, profit... Read more »

Jonathan Craig Reed
Jonathan Craig Reed answered on Jan 9, 2018

The only easy step you can take is to get a copies of his death certificate and with those contact any financial institution where you believe you might be the beneficiary. Say that you understand that you are a payable on death beneficiary on the account. If you are, the institution should give... Read more »

1 Answer | Asked in Probate for Nevada on
Q: If I’m the sole heir and my dad has a house under his name alone, is there a need for probate?

My dad has a very clear will & everything was left to me. But there is a balance on the property, that I will be paying off as soon as I know I’m within the law to do so.

Jonathan Craig Reed
Jonathan Craig Reed answered on Jan 5, 2018

Because the house was in his sole name the Will giving it to you can only be given effect through the probate process. (This assumes he was unmarried when he died, because if he was married, the wife might have rights to the house depending on the total fact situation.)

The house will have...
Read more »

1 Answer | Asked in Probate for Nevada on
Q: How do I finalize my deceased husband's estate. All creditors have been notified, accounts, real estates, irs

Everything is free and clear

Jonathan Craig Reed
Jonathan Craig Reed answered on Jan 5, 2018

This is a hard Q to answer because I don't know the facts. For example, were there any assets of your husband solely in his name. That would require a probate. On the other hand if all assets were jointly owned, no probate would be required.

1 Answer | Asked in Probate for Nevada on
Q: if a person dies intestate how does the State of Nevada commence probate proceedings? what happens to the property?

A family member died intestate in Nevada. Family has gone into her apartment and has taken personal items such as furnishings, appliances, etc. Doesn't the state need to conduct probate proceedings before anyone takes anything? What will happen to the person who took the property?

Jonathan Craig Reed
Jonathan Craig Reed answered on Dec 7, 2017

In most cases when a Nevada resident dies, with or without a Will, there is no state action taken until and unless someone file a probate action in the District Court. In a minority of cases when a person dies, the county coroner may search the person's residence and take for safe-keeping guns,... Read more »

1 Answer | Asked in Probate for Nevada on
Q: Can I contest a will that been in probate since March.

I am a unadopted stepchild. My stepmother left me out of her will but she named all of her children in the will. Do I have any legal action against the will. Right now it is in accounting and final distribution stage.

Jonathan Craig Reed
Jonathan Craig Reed answered on Dec 3, 2017

Based solely on the facts you have presented, I don't think you have a claim. It is a person's right when writing a Will to give the belongs and wealth to anyone they want. Parents have no obligation to leave any of their children anything. I do not believe that there is any presumption that an... Read more »

2 Answers | Asked in Probate for Nevada on
Q: How long a period after a death may a will be presented in Nevada?

A dear old friend passed away in Sparks NV 7/19/17 2017. I live in Cupertino, 95014 CA. I was notified of her death by a letter from her insurance company dated August 29 and received by me about September 5, 2017. I found a 20 year old will of her's a week or so ago. I have no idea what or how or... Read more »

Jonathan Craig Reed
Jonathan Craig Reed answered on Nov 17, 2017

You should call the clerk of court in the County where she was a resident when she died (which could be a different County than the one she died in). The Clerk of Court can give you instructions on how to file the Will. (The Court of Clerk will only accept an original for filing, not a copy.)

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2 Answers | Asked in Probate for Nevada on
Q: My father never removed his deceased mother from the joint account prior to his death.

Father passed away in Nevada with a total estate worth $71,000. All of this money is held in joint savings account with his mother. This savings account was opened in 2015. His mother passed away in Florida on 3/23/17. My father never removed her from the account prior to his passing in Nevada on... Read more »

Jonathan Craig Reed
Jonathan Craig Reed answered on Nov 15, 2017

Upon your grandmother's death, the account became owned 100% by your father. If your father never put anyone else on the account and did not name a payable on death beneficiary, then the account will have to probated as property belonging entirely to your father.

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3 Answers | Asked in Probate for Florida on
Q: I live in Las Vegas my father lived in Florida he passed away about a month ago he has no will.

How do I get money out of bank he was single and I'm his only child, his employer sent me his last check which I can't do anything with.

Jonathan Craig Reed
Jonathan Craig Reed answered on Nov 2, 2017

Because you said you live in LV, I, an LV probate lawyer, got an e-mail inviting me to respond to your Q. Since your father died as a FL resident you need to ask a FL attorney. I suggest you re-post mentioning only your father's Florida residence and it would be helpful it you posted the amount of... Read more »

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1 Answer | Asked in Probate for Nevada on
Q: My deceased husband owned a house in Greece with 3 siblings and his mother. The house was an inheritance from his father

As surviving spouse, can I do the Affidavit of Entitlement, because my deceased husband had no other assets except 2 cars he owned outright? Greek lawyer needs POA from me because his half brother is buying out the property from the other family members. The property is not under NV jurisdiction.... Read more »

Jonathan Craig Reed
Jonathan Craig Reed answered on Oct 19, 2017

If your Husband was a NV resident and his only property other than his interest in the Greek real estate, and if 2 cars are worth less than $25,000 together, then, yes, you can do an affidavit of entitlement. The $25,000 cut-off applies to his NV probate estate, not his interest in Greek real... Read more »

1 Answer | Asked in Probate for Nevada on
Q: Hi, My brother just passed away in Nevada. I am in Hawaii. How do I get his estate through probate? Thanks.
Jonathan Craig Reed
Jonathan Craig Reed answered on Oct 12, 2017

Here are rule for where stuff has to be probated:

1) all real estate is probated in the state where the real estate is located

2) everything else is probated in the state where the Decedent was a resident at the time of death.

Not everything has to go thru probate:...
Read more »

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