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to claim her settlement! How do I go about this?I'm in Las Vegas, NV. Thank you!
answered on Jun 20, 2017
There are two possibilities. Either your Mom's estate needs to be probated even w/o considering the lawsuit in which case the lawyer you hire to probate the estate will know how to respond. However, if there would be no need to do a probate except for your Mom's lawsuit, then a probate... View More
answered on Jun 9, 2017
Summary Administration can be used for estates whose value is no greater than $300,000. If the value is more than $300,000 General Administration is required. For General Administration it is always required that a notice of the initial hearing be published whereas for Summary Administration that... View More
Bank stated 'need court docs to disburse her account'. What documents and what do I need to do? I live in Arizona, decedent lived in NV
answered on Jun 3, 2017
The bank is wrong. You may need to hire a lawyer to write a letter to the bank.
answered on Jun 3, 2017
Yes, unless the estate is no more than $25,000 and there is no real estate in it
No will. Paid for home & car and $50k in checking. No spouse, no children. 4 siblings none lived with the decised.
answered on Jun 3, 2017
Nevada Medicaid will claim it is owed 100% of all money it provided on behalf of the Decedent during Decedent's life time. Under the facts you set out, Nevada Medicaid should win on its total claim.
The property is in the state of Nevada where community property law applies. What steps need to be taken to transfer ownership of deed to my mom? I understand no probate needed -- correct? Does filing an Affidavit of Death of Spouse Holding Community Property apply in this situation? How do we... View More
answered on Jun 3, 2017
Sorry to disappoint, but since the timeshare in Nevada is considered real estate, the only procedure available is "Set Aside Without Administration." Most people will need a lawyer to do that. In addition to the fees and costs of the probate lawyer, the timeshare company may charge a... View More
Does it still take 6 months to settle if she has no debt at all? I'm asking because I read creditors have that much time to contest. The house is valued at $240,000 in Sparks, NV.
answered on Jun 3, 2017
Because the house is worth more than $100,000 and less than $300,000, a Summary Administration must be filed. That probate process will take 5-6 months. The house can be sold during the probate process but the distribution of the proceeds to you and your sister will require 5-6 months.
Just this month, we discovered he had a small IRA ($4k) we were unaware of. The listed beneficiary on the IRA was his wife who had predeceased him. How can we handle this asset that was initially missed?
answered on Jun 3, 2017
You re-open the probate listing the additional $4,000 asset. The original probate case number is used.
even though it'd be inconvenient for me to show up to court or can I sue in my home state?
answered on Jun 3, 2017
Generally, the answer is yes, BUT if the person who injured you just happens to be a resident of your state, even though the injury occurred elsewhere, then you could sue in your state.
The Bank, USAA, will not release the funds to me for disbursement without something from the State or County advising them that I am the person authorized for them to disburse to. What can I do short of entering this one account only into probate?
answered on Apr 16, 2016
If $10,000 is the only amount that is outside the trust, Google Probate Court, Clark County Nevada, and you will find a page with forms including an Affidavit of Entitlement (that should be good in any Nevada County) which you can use.
For example, do we need to inventory and assign a value to kitchen items, beds, linens, and everyday items?
The estate is to be divided equally between three siblings and there is no disagreement over who should get what. However, the house contents are in storage and if a detailed... View More
answered on Apr 16, 2016
As a Nevada lawyer I cannot speak to the practice in New York. In Nevada I rarely inventory household items because in the average case they really don't have much value over the cost of selling them. In Nevada the three siblings could sign paperwork to the effect that the household items are... View More
My dad lived in las vegas all of his life but the will was filed in court in Arkansas. Is this legal?
answered on Apr 16, 2016
I don't know all the facts but this may be helpful. Real estate must always be probated in the state where it exists. Other property must be probated in the state where the Decedent was a resident when he died. This means that sometimes there has to be a probate in more than one state. If a... View More
My question is this. My mother and step father are legally separated, the house is only in my mothers name but my mother has passed away. My mother did not have a will however she expressed numerous times to our family that she wanted the house to be transferred into my name, but there is no... View More
answered on Apr 16, 2016
Courts generally are not interested in what wishes a person expressed. However if your mother died unmarried under the laws of intestate succession her property including her home would go to her children in a probate proceeding. If you wish to start a probate proceeding and your step father... View More
Pima County
answered on Apr 16, 2016
I don't know what you mean by "after probate." If you mean what will it cost to probate two real properties in Nevada the answer is that the cost and complexity of the probate depends on the value of the properties and if it is uncontested or contested. It is really impossible to say... View More
And how does pain and suffering work
answered on Apr 16, 2016
Your question illustrates the importance of having what is called uninsured/underinsured motorist coverage (UM/UIM). Nevada insurance companies have to offer you this insurance in the same amounts of the liability insurance you buy from them. If you are a better than average driver, then you are... View More
Only other debts deceased had was $3,000 medical bills from death. My sister will not contest putting the house in my name. House is worth $110,000, estimated, and $75,000 is still owed to bank.
answered on Aug 19, 2015
You will need to do a set aside probate proceeding if you pay off the medical bills or a summary probate proceeding if you want to try and avoid paying the medical bills.
answered on Aug 19, 2015
If the estate consists of financial account, they will be turned over to either the county or state treasurer. Eventually the state will claim the funds through the process of escheat. Then the next of kin will have five years to sue the state to get the money back. Before the escheat happens,... View More
I live in CA but he lived in Nevada when he died. Two kids are biological and one is step kid from another marriage. Wife predeceased him.
answered on Aug 19, 2015
If there was no will and he left two biological adult children and a step son who he did NOT legally adopt, you and other biological child should share in the estate, unless the other biological child is a minor and the value of the estate is not more than $100,000 in which case the minor child has... View More
answered on Aug 19, 2015
No. If a financial account such as an IRA or life ins. has a named beneficiary who is alive, the asset does NOT go thru probate and you may make your claim by submitting a death certificate to the institution holding the money.
My biological father died in January in Pennsylvania. I am his illegitimate son. Today his probate notice appeared in his local newspaper. I called one of his sons and was informed that "the estate was settled months ago"
Does this sound right? His son seemed genuinely shocked... View More
answered on Dec 28, 2014
If your father had a valid will it was his right to refuse to provide for you. However, for a better answer you should get a copy of the will from the court and consult a Pennsylvania lawyer if the will was probated in Pennsylvania.
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