Reno, NV asked in Estate Planning, Elder Law, Municipal Law and Probate for Nevada

Q: I'm a personal representative on will and sole beneficiary on will. Do I still have to file with courts Reno NV

Owes back taxes and past debts are on his credit report and future bills there is no money or assets to pay them. What I'm supposed to do?

2 Lawyer Answers
Delwyn E. Webber
Delwyn E. Webber
Answered
  • Estate Planning Lawyer
  • Las Vegas, NV
  • Licensed in Nevada

A: Under NV Statute, the Will should be filed with the Court. If there are no assets, only liabilities, then there is no reason to spend funds opening an insolvent Probate. It would be different if there were assets to be transferred to you as the heir.

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

A: Unless there is some other reason you are liable for the Decedent's debts (for example, you co-signed for a loan) if the estate has negative value and if you have not received money from the Decedent due to Decedent's death in a non-probate transfer, then you can just walk away and do nothing. As Delwyn Webber points out the statute says you should file the Will if you have the original.

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