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Questions Answered by Jonathan Craig Reed
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Nevada on
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 »

Jonathan Craig Reed
Jonathan Craig Reed answered on Feb 10, 2019

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... Read more »

1 Answer | Asked in Probate for Nevada on
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 »

Jonathan Craig Reed
Jonathan Craig Reed answered on Feb 2, 2019

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... Read more »

3 Answers | Asked in Probate for Nevada on
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?

Jonathan Craig Reed
Jonathan Craig Reed answered on Feb 1, 2019

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... Read more »

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2 Answers | Asked in Estate Planning and Probate for Nevada on
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

Jonathan Craig Reed
Jonathan Craig Reed answered on Jan 31, 2019

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...
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2 Answers | Asked in Probate and Estate Planning for Nevada on
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 »

Jonathan Craig Reed
Jonathan Craig Reed answered on Jan 2, 2019

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 »

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1 Answer | Asked in Probate for Nevada on
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

Jonathan Craig Reed
Jonathan Craig Reed answered on Dec 26, 2018

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 »

2 Answers | Asked in Estate Planning and Probate for Nevada on
Q: I need to hire representatives to guide and adjudicate probate for my father who passed on the 8 Dec. Do you help?
Jonathan Craig Reed
Jonathan Craig Reed answered on Dec 22, 2018

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...
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1 Answer | Asked in Probate for Nevada on
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 »

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

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.... Read more »

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... 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... 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... 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... 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 *****... 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...
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