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I want to make settling my estate a simple process for my executor. I'm thinking I will pay one beneficiary via TOD/POD transfers (my executor), then instruct him to divide what he is paid amongst two or three others. So, I guess I'm wondering...should I just choose to SPLIT my assets... View More 
answered on Sep 11, 2020
My suggestion would be to have TOD on all of your accounts, and split them between all of your beneficiaries in whatever percentages you desire. If all of your assets are liquid, you can avoid Probate simply by naming beneficiaries on your accounts. If you don't have TOD, then the funds... View More
answered on Aug 10, 2020
That would depend upon whether or not you are entitled to a copy of the Trust and/or upon who the 'holder' is. You will need to be more specific to get an answer. Try asking again, with more information.
My wife's uncle is embezzling funds from a trust. He wants to have her sign a new trust. In the original trust, A, he has full discretion over funds. In trust fund B, he does not. He wants to merge trust fund B into trust fund A, so he can steal it.
What I'm curious about is... View More
answered on Jul 31, 2020
You should contact an attorney familiar with trusts and estates that can review the two trusts you make reference to and provide legal guidance. You don't mention the type of trust (revocable, irrevocable, etc.), and you mentioned the merging of the trusts and dissolution (of I guess trust B).... View More
He is not lucid. Is there a way for my mother (they are married) to get durable power of attorney over him or is there another option? She is looking to refinance her home at a lower interest rate so that she can afford to stay there after he passes.
answered on Jun 12, 2020
Unfortunately as your father is not lucid, he cannot sign a Power of Attorney. Your mom would have to get a guardianship over him through the Court. This all takes time and expense and the Court would have to consent to refinancing the house.
After your dad passes your mom should be able... View More
answered on May 30, 2020
Interested "person" may be the grantor (creator) of the trust, a trustee and/or a beneficiary. Interested "trustee"- The term Interested Trustee means a Trustee who:
is a transferor or beneficiary;
is related or subordinate to a transferor or beneficiary;... View More
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answered on May 13, 2020
No the will is not nullified but the surviving spouse might be able to elect to take a share of the estate against the terms of the will. How much depends on many other factors such as how much of the state was separate property and how much was community property, how many children the decedent... View More
I have an order to set aside estate without administration $100,000 and I never put the property in my name or bank account. Do I need to cancel the Power of Attorney? Then send Demand letter to bank? Or to probate lawyer after I revoke?
Also, There was deed assignment to Us Bank as Trustee... View More
answered on May 8, 2020
I assume you signed a 'limited' power of attorney to enable the attorney to file the Set Aside. A Certified Court Order will allow you to transfer the bank accounts etc into your name so you should provide that to the Bank. If by 'property' you mean real estate, that you will... View More
Is there a form I can fill out stating that she grants me 25% of estate including insurance (life)
answered on Apr 27, 2020
Your girlfriend will have to prepare/sign a Last Will and Testament naming her you as to 25% if she desires to leave you a certain percentage of assets from her estate. She would also name the other beneficiaries and their percentages.
She should also name you as a 25% beneficiary of her... View More
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... View More
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... View More
My wife and I live in California and own two investment properties (single family homes) in Nevada. We recently set up a California Trust. We would like to transfer the Nevada properties to the trust. I have read from a variety of what appear to be reputable sources that use of a quitclaim deed... View More
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answered on Mar 17, 2020
Another important consideration is whether or not you have title insurance on those properties. My best advice would be for you to take your existing deeds and your title insurance policies to a real estate attorney for review and to prepare the deed into your trust. Another really good option... View More
I am my mothers executor. I was able to close all her accounts with only the letter of testementary and death cert. I went to a small bank to take possession of her safe deposit box and the bank approved my documents in person.
The next day they called me and said I only had an oath. I... View More
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answered on Jan 25, 2020
An attorney would need to review your documents to see if they are valid and sufficient for this purpose. If they are, the attorney could write a letter to the bank explaining why they must honor it. In the worse case scenario the attorney could help you get an order from the court compelling the... View More
We are married and living in our primary residence which is paid off and valued ~$570K. Our house and other assets are all owned by our revocable Living Trust. We have never filed a Homestead Exemption in Nevada, but recently friends have told us we should do this to protect the equity in our home.... View More
answered on Jan 21, 2020
Nevada homestead exemption protects the equity in your primary residence (w/ proper homestead filing) up to $550K- cheap & easy protection! A revocable living trust typically does not provide ANY asset protection to the creators of the trust, so it's probably wise to file your homestead.... View More
My cousin just petitioned on behalf of his deceased father(5yrs passed), even though he hasn't seen or spoken to my recently deceased uncle in years. Even though my mother is alive can I also petition to get a portion of my uncle's estate?
My uncle had written off everyone in the... View More
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answered on Dec 24, 2019
If your uncle was not survived by a wife or patents or children and no valid will then chances are his estate will be divided into one share for each sibling with children of siblings inheriting in the place of deceased siblings. With your mother (who I assume is his sibling) still alive, she would... View More
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answered on Oct 2, 2019
A trust becomes irrevocable upon the death of the settlor and, furthermore, the executor only administers the probate estate. Trust assets are not part of the probate estate. So, unless there are some pretty extraordinary circumstances that you have not mentioned, no, an executor cannot remove a... View More
And now is selling all his stuff. There is no will, im an only child and he was never married so I should be in charge of his property, belongings, etc. yet the cops won't help me cuz of "squatters rights". I live in ID so it makes it difficult. I can't afford an attorney what am I supposed to do?
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answered on Sep 15, 2019
Hire a probate attorney near where your dad lived. The estate pays the legal fees.
My mom wants to do remove his name and do a Deed Upon Death naming me as the grantee of the house they own.
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answered on Sep 13, 2019
In most states a deceased trustee is removed from title by recording an Affidavit of Death of Trustee. However, that does not guarantee that your mother has the authority to do what she is proposing. The only way to determine whether she can do that would be to review the trust, and even if the... View More
To take Everything. They have taken over planning the funeral. They're Ordering a bunch of death certificates. I was told there is no will. I was told i'm the closest next of kin.
Who has the most rights to take over his property and how do i stop them? How do i assert my rights... View More
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answered on Aug 17, 2019
Hire a local probate attorney to help you petition the court to be appointed executor of your father’s estate.
How many years is living trust valid in Nevada?
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answered on Aug 11, 2019
For all practical purposes, there is no time limit for living trusts in Nevada, but to answer your question, in Nevada a nonvested property interest must vest within 365 years after its creation. I am not aware of any trust case in Nevada that has tested that limit, and I doubt I will see such a... View More
Stone Law Office advertised on RJ on August 11, 2019 as "why your living trust may be outdated if it's more than 3 years old." Is this true?
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answered on Aug 11, 2019
It is true in some cases and not others. That is why they wrote "maybe" instead of "is". Estate plans should be reviewed every few years for possible changes needed due to changes in laws and also every time a significant change occurs within the family or the field of... View More
Father passed in Nevada. Will states "intentional and with full knowledge omitted to provide for heirs".
There is an IRA account (opened in CA) with no beneficiary listed and the bank form states it will pass into the 'estate'. As next of kin (who was intentionally... View More
answered on Jul 15, 2019
Although your father disinherited his 'heirs', did he name any beneficiary(s) in his Will? If he named beneficiaries, then the funds from the IRA should go to them through the Probate process.
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