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.
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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.)
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.
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?
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 »
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.
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 »
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 »
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.)
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 »
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.
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 »
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 »
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 »
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