Cottage Grove, MN asked in Probate for Nevada

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?

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2 Lawyer Answers
Jonathan Craig Reed
Jonathan Craig Reed
Answered
  • Probate Lawyer
  • Las Vegas, NV
  • Licensed in Nevada

A: 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 mother for looking out for her family!

Delwyn E. Webber
Delwyn E. Webber
Answered
  • Probate Lawyer
  • Las Vegas, NV
  • Licensed in Nevada

A: Firstly, sorry for your loss.

If the residence is in the Trust you should not need a Probate. Typically a Trust provides that the Successor Trustee has the power to sell the asset.

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