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Questions Answered by Kirk Kaplan
2 Answers | Asked in Estate Planning and Probate for Nevada on
Q: Can I withdraw funds from my recently deceased dad's fiduciary bank account if I'm on it & no one else will contest it?

I have been my dad's guardian for over 10 years. I am also his heir. I have one sibling who isn't interested in the account. My dad didn't have a will. He only had a bank account that has a 100k balance. He has no debt and no other assets. I am trying to avoid attorney fees, etc.,... Read more »

Kirk Kaplan
Kirk Kaplan
answered on Jan 24, 2023

Appears your father died with a guardianship over his person and property. If so, final pleadings advising the guardianship court of his death. This will close out the guardianship. If your father died with the bank account you say no one else has an interest in the account, and you are not a pay... Read more »

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1 Answer | Asked in Estate Planning, International Law and Probate for Nevada on
Q: I live in nevada but my father died 5 days ago in Cairo egypt. How do I get my Inheritance and life insurance policy's

I am an only child and my father wasn't married. My father was Muslim- I am not. I am female. My father told me about the bank accounts and investments and insurance policies he was leaving me. How do I get them when I'm in Nevada?

Kirk Kaplan
Kirk Kaplan
answered on Nov 19, 2022

An attorney familiar with Egyptian law will very likely provide a much better answer than I will. But just in case one does not leave an answer, maybe my answer will be a good start. In the US, the laws governing how property passes to heirs/descendants, depends upon residence of the deceased at... Read more »

1 Answer | Asked in Probate for Nevada on
Q: Can you sue an administrator of a probate because you were never notified of the death. They sold house.

Washoe County, dad's house prior to meeting stepmom,. 3 adult step brothers and stepmom all move in, dad died, later stepmom died and 1 by 1 step brothers die. I am the daughter that grew up in that house long before dad meet these people. I was never notified of any deaths except my... Read more »

Kirk Kaplan
Kirk Kaplan
answered on Oct 6, 2022

I am so sorry to read what you father did to you. I suspect, but do not know for sure, you have no cause of action against the administrator. Other colleagues of mine may think differently. Here is what I think happened: Your father placed your step-mother on title as joint tenants with rights of... Read more »

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: In Nevada, when determining the estate value, does that include the house that is going to surviving spouse?

Deed was joint with right of survivorship

Kirk Kaplan
Kirk Kaplan
answered on May 11, 2022

Probate is about clearing title of the name of the deceased from property the deceased owned individually - not with someone else like Joint tenancy WROS, so the answer is no.

1 Answer | Asked in Estate Planning for Nevada on
Q: Is it better to file a quitclaim deed or to buy my mom’s house?

Her house is almost paid off and it is the only inheritance I have. She wants to make sure I get the house, but I don’t know what’s better - a quitclaim deed or have my mom sell the house to me for a minimal amount.

Kirk Kaplan
Kirk Kaplan
answered on Feb 21, 2022

Neither is a good idea. The first reason is quitclaim deed is just a method of transfer of real property - it alone does not trigger a tax savings technique. Sale of the residence for a minimal amount will trigger a gift subject to gift tax reporting for any value sold for less than the FMV... Read more »

1 Answer | Asked in Estate Planning for Nevada on
Q: Does a living trust destroy a joint tenancy in Nevada?

I live in an owned joint tenancy. One of the owners made a living trust. Does the living trust destroy joint tenancy if that person dies, or does survivorship still apply to the other person on the deed?

Kirk Kaplan
Kirk Kaplan
answered on Jan 28, 2022

A joint tenant creating as revocable living trust along does not destroy a joint tenancy. What destroys the joint tenancy is a joint tenancy drafting a deed removing his/her interest as a joint tenant. So the action of joint tenant signing a deed (s/he along can sign) conveying a her/his interest... Read more »

2 Answers | Asked in Contracts, Probate and Real Estate Law for Nevada on
Q: I was in contract to purchase a house in probate. The house was sold to some one else in court. I had no representation.

I was told not to come to hearing unless i objected to the sale. I thought the house was to be sold to me so i didnt go. The house was sold to some one else. I had no representation at hearing to counter offer any offers at that time. I have signed contract, sent earnst money which was cashed then... Read more »

Kirk Kaplan
Kirk Kaplan
answered on May 16, 2021

The short answer to your question is: Likely not.

Sale of real property through the probate process subject to court confirmation is ALWAYS subject to overbid in the in-court auction. Your signed contract, despite the estate accepting your offer, is still considered an "offer"...
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2 Answers | Asked in Estate Planning and Probate for Nevada on
Q: My dad owned a business, he passed and there's a questionable will.

The second my dad died, my aunt started asking about a will. My mom, my dads accountant and my aunt agreed to meet in the morning and go through my dad's office together. The next day at 7am my aunt was already at the office tearing it apart in search of a will.

My aunt ended up... Read more »

Kirk Kaplan
Kirk Kaplan
answered on Nov 15, 2020

I agree with Mr. Fromm's answer in large part.

First, I assume you are posting the question on behalf of your mother, because otherwise you do not have standing in this matter. Next Nevada has a pretermitted spouse statute that essentially says will created before marriage, and a...
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1 Answer | Asked in Probate for Nevada on
Q: Sister died with no will, divorced & deceased husband, no children, no real estate, small savings & credit card debt.

My sister passed away in Reno late June. She was divorced 18 years ago & ex is now deceased , no children, no will & a very small estate. Her bank account is less than $5,000, no safe deposit box, no real estate (she lived in an apartment with no valuables) & credit card debt of about... Read more »

Kirk Kaplan
Kirk Kaplan
answered on Aug 12, 2020

The Affidavit of Small Estates should work. First, you do not file the Affidavit of Entitlement. You, not your wife, should create the Affidavit of Entitlement and present the same to the applicable bank along with a certified copy of the death certificate and identification. The bank should... Read more »

1 Answer | Asked in Estate Planning for Nevada on
Q: My Mom is ill, and is a a beneficiary out of 4 siblings. The trust is now irrevocable.

Can she have the trust changed - only to specify that if she passes before distribution of assets of the trust, for her percent to go to her daughter? At current the trust states any departed beneficiaries percent is to be split amongst the remaining siblings. She is trying to prepare her own... Read more »

Kirk Kaplan
Kirk Kaplan
answered on Apr 15, 2020

When you say trying to prepare her own trust, is she working with an estate planning attorney? If she is ill and near death, this is not the time to be DIYing. She has more important things to worry about like spending time with family, seeing friends, and doing what she whats to do to the extent... Read more »

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