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Spouse dies, does deed transfer upon presentation of death certificate?
answered on May 12, 2022
No, it is not assumed, and even if it was JTWROS, presentation of the death certificate is not sufficient.
You should consult with an attorney, as there are a few things to consider before it can be determined how best get the house transferred.
Deed was joint with right of survivorship
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.
This individual has a wife. Do I have to pay her the 100K?
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answered on Apr 14, 2022
It is not possible to answer your question without reviewing the trust. Depending on how the trust is worded, that share might lapse or it might belong to the estate of the deceased beneficiary or it might go to a specifically stated contingent beneficiary. Take the trust to a trust... View More 
the man, who is the stepfather to the beneficarys, starts a charitable LLC. right after his wifes death. of whitch he is president and CEO. then two months before his death,he secretly amends the family trust to name his nonprofit as the sole beneficary. He removed the two blood heirs of his wife... View More
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answered on Mar 8, 2022
There are way too many missing facts to answer your question. You really do need a full consultation for that.
My editorial comment here is if the wife really wanted to protect against this, then it was an estate planning failure, at least as to her share of the trust estate, because this... View More
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.
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... View More
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?
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... View More
We live in her home which is in the trust. When she passes can I take over payments and keep the home? She owes 350k but house is worth 700k. We are in NV
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answered on Dec 13, 2021
You would be considered a "successor in interest" and, yes, you can just keep making the payments. When the trust administration is complete and the home is in your name, provide a copy of the deed to the mortgage lender and let them know that they should start sending statements to you.
His wife trying to evict me. Can I stay this and compel the will be produced?How do I go about this? A general form to compell to produce the WILL and stay eviction.
answered on Nov 4, 2021
Your situation sounds like it may benefit from speaking to a probate attorney. unfortunately our firm doesn't handle these types of matters but I am certain you can get assistance from a probate attorney. wishing you the best.
answered on Jul 2, 2021
NRS 163.170 is a trust administration statute, not an estate planning statute. In order to respond to the question and possibly determine whether that statute even applies to your situation, it would probably be better to formulate your inquiry with some facts to describe why/why not you want it... View More
MY FRIEND AND HER SON AND DAUGHTER AND MOM LIVE IN THE FAMILY HOME. ON APRIL 29, HER DAUGHTER DIED AND ON THE 30TH HER MOTHER ABANDONED THE HOME. NOW HER MOTHER IS SENDING TEXT MESSAGES THAT SHE NEEDS TO MOVE OUT. SHE STILL HAS NO IDEA WHERE HER MOM IS. SHE PAID THE BILLS, CARED FOR THE PETS, YARD... View More
answered on Jun 10, 2021
I believe you might benefit from speaking to an estate planning attorney regarding this question.
answered on Jun 7, 2021
Talk to an attorney
Patents are property, but they expire, so depending on when he got them you may or may not have any valuable assets
The company refuses to lift restrictions on sale from the shares I inherited from my father who was an executive. They do not provide justification, looks like it is a bad faith to force me to sell the stock through them at a much lower price.
Father passed away 10 years ago after he... View More
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answered on May 30, 2021
The answer to your question is most likely no. Corporations are subject to very strict laws regarding the issuance of stock to non-insiders. Public offerings are extremely expensive. Even private offerings must be done in accordance with strict rules requiring certain minimum disclosures and... View More
The land was not a part of the will. I do not want to have any financial connection to my nephew. I offered to buy him out, as he cant afford to pay the taxes on the land. He refused. I want to split the land so I can sell my portion back to my cousin who owns the land around my moms land and not... View More
answered on Mar 14, 2021
I am sorry for the loss of your father.
This question was posted in Nevada but it seems the land is in North Carolina. So Nevada law will probably not be as helpful. You may want to repost to North Carolina attorneys.
In Nevada you file in court to establish your rights to the... View More
Nevada 1997: Grandma died testate. Her estate worth $6000. She willed it to my disabled mom who'd lived with her as caregiver for 3 yrs before Grandma went into nursing home. Grandma's attorney filed Order to Set Aside, adding that Medicaid Estate Recovery lien for $16k was... View More
answered on Mar 4, 2021
Before filing you could call MERS and inquire if either your grandmother or mother owe MERS money. You would need to then file 2 Petitions for Set Aside, assuming MERS is not owed money or you are going to pay MERS to the property. MERS needs to be noticed in both your grandmother's and... View More
Also need to include household items. Leaving to 2 siblings but I have 5 and mom is still alive thank you
answered on Jan 28, 2021
You would benefit from speaking with an attorney about Will substitutes that avoid probate. There are a few options you may want to consider. Also if you decide a Will is right for you, there are a number of benefits of having an attorney prepare it, including have powers of attorney and a living... View More
My bank wont set up a trust account. The check is about $8000. And my dad owes taxes of at least $9000. How should i procede?
answered on Jan 20, 2021
Do you have a court order appointing you executor and Letters testamentary? If so, present those two court filed pleadings and the bank should allow you to open the estate account, not trust. If not, you may need to open a probate estate through the courts. I encourage you to speak with a Nevada... View More
My mother passed away in 2007. My grandfather recently passed away and my brother and I were told by our aunt and uncle that we were removed from his will because our mother died however his home went into probate. She has been trying so hard to get my brother and I to sign waivers and we are not... View More
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answered on Jan 17, 2021
This question cannot be answered without more information. Do yourself a huge favor and schedule a consultation with a probate attorney in the vicinity of where the probate is taking place. Do not delay. There are important deadlines that you do not want to miss.
answered on Dec 4, 2020
More information is necessary to answer this with certainty, as there are a few factors involved.
Is/are the Trustor/s deceased? If not, then the beneficiaries are most likely not entitled to a copy of the Trust until their death, depending upon the terms of the Trust. If the Trustor/s... View More
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... View More
answered on Nov 15, 2020
If you suspect foul play then you need to immediately retain an estate litigation attorney to discuss all details of this case. The other thing you should do is check with the attorney that wrote the old will to see if he updated it. If that yields nothing, then see if you can determine who his... View More
Since I live out state how do I petition the state for her house property?
answered on Nov 2, 2020
You will need to hire a Nevada lawyer to probate her estate. If she was married and her spouse was not the murderer there would be a split of her estate between her children and spouse unless her estate is less than $100,000 in which case it would probably all go to her spouse. If she was unmarried... View More
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