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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... View More
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,... View More
The beneficiary wants to sell the home at less than appraisal.
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.... View 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.
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... View More
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 *****... View More
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... View More
Am I responsible for any liens in his name on the property, since it was set aside?
answered on Jan 10, 2018
Yes, you take the property subject to all liens and mortgages.
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... View More
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... View More
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.
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... View More
Everything is free and clear
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.
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?
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... View 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.
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... View 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... View More
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.)
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... View More
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.
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.
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... View 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.... View More
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... View More
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:... View More
Bank released funds to daughter without proper court order. Funds did not belong to the deceased, they were deposited after Mother's death. Money has to be returned, daughter being sued by pension fund. Bank should have known. Never gave daughter a statement, or put funds into blocked account.... View More
answered on Oct 4, 2017
If the account was payable on death to daughter the ordinary procedure would be for the bank to release the funds upon being shown mother's death certificate. The bank should have exercised caution with respect to funds deposited after the mother's death. However, the daughter is unlikely... View More
Civil law part 300: 107:1941;1931ncl 9882.300
answered on Aug 2, 2017
If your sister's parent were alive when she died, the estate goes to them. If only one parent was alive when your sister died, the estate goes to the single parent who was alive when she died. If both her parents predeceased her, her estate will be divided evenly among all of her siblings. If... View More
He has money in a Direct Express account. He passed 8 months ago with no will and I'm his only child with no wife. I live in Reno, NV and he passed in Las Vegas, NV.
answered on Aug 2, 2017
For personal property the probate must take place in the state where he was a resident. The court will look at the death certificate to see which state was his residence state at the time of death.
answered on Jul 15, 2017
If an executor is filing for summary or general administration in Nevada the executor must publish a notice to creditors.
Sometimes it is not known when the Decedent dies whether or not their assets will ultimately prove to be worth more or less than their liabilities. Assets can fluctuate... View More
answered on Jul 10, 2017
To get the records thru the probate court you will have to be appointed special administrator. Various creditors will monitor the filing and may send bills and file claims with the court. In Nevada you are only liable to creditors of the decedent to the extent that you have "inherited"... View More
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