Q: Dad died with a will in Las Vegas on Nov. 10, 2018. He had a will that we haven't seen.
Stepmother/Father bought house together three years ago in vegas and she may have been his beneficiary for his 401k but we would like to see the will because he previously told me we were mentioned in it for when she dies.
Haven't seen online any filing of the will with the courts or probate as of now. Is she required to file the will? She paid for cremation but sent ashes to me and I paid to have his ashes buried with my Mom at his verbal request (stepmother agreed to this before and after his death but didn't pay for it out of his money.
A: Firstly, sorry for your loss.
NRS 136.050 provides as follows:
1. Any person having possession of a will shall, within 30 days after knowledge of the death of the person who executed the will, deliver it to the clerk of the district court which has jurisdiction of the case or to the personal representative named in the will.
2. Any person named as personal representative in a will shall, within 30 days after the death of the testator, or within 30 days after knowledge of being named, present the will, if in possession of it, to the clerk of the court.
3. Every person who neglects to perform any of the duties required in subsections 1 and 2 without reasonable cause is liable to every person interested in the will for the damages the interested person may sustain by reason of the neglect.
So yes, there is a requirement to file the Will.
A: If your dad and his wife bought a house together they likely bought it as joint tenants meaning that if one of them dies, the other becomes the owner. You can go the Clark County Recorder's website (if the house was in Clark County, NV) and search by address or name or Assessors Parcel Number. Usually the address search works best for most people. If you see that both owned the house and and you see on a line called, "Vesting" either "JT" or "RS" it means she gets the house when he dies. In addition, if your dad's estate that has to go thru probate is worth less than $100,000 and he left a surviving spouse but no minor children, the surviving spouse probably gets to take everything.
Finally, Delwyn Weber has cited the correct Nevada statute. The complication is that most people don't go to the trouble of filing a Will and paying the filing fee if nothing will pass under the Will. For example, if the house is in joint tenancy and his financial accounts are joint with his wife or payable on death to her, nothing of importance may pass under the Will so in that case many people don't file it. I've been to a probate seminar where accomplished probate lawyers got into a dispute whether this statute needs to be followed if no probate is necessary because all of the property will pass outside of probate.
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