Get free answers to your Probate legal questions from lawyers in your area.
answered on Jan 9, 2021
No, it is not illegal, but it may not be a good idea. There a lot of issues to consider: insurance, damage, possible eviction of tenant; probate completing before the end of the lease, difficult to sell if necessary, possibly needing court approval to allow a tenant; objection by beneficiaries,... View More 
answered on Jan 8, 2021
Pursuant to Nevada law, since the Will predates the marriage, she is entitled to receive all community property AND 1/2 or or 1/3 of the separate property, depending upon how many children he has. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be... View More
answered on Dec 18, 2020
The Deed Upon Death was designed by the Nevada legislature to function like a payable on death bank account. The Deed Upon Death has to be filed with the County Recorder prior to the death of the grantor and then upon the death of the grantor, the grantee files an Affidavit of Death of Grantor... 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
My sister passed away in Reno late June. She was divorced 18 years ago & ex is now deceased , no children, no will & a very small estate. Her bank account is less than $5,000, no safe deposit box, no real estate (she lived in an apartment with no valuables) & credit card debt of about... View More
answered on Aug 12, 2020
The Affidavit of Small Estates should work. First, you do not file the Affidavit of Entitlement. You, not your wife, should create the Affidavit of Entitlement and present the same to the applicable bank along with a certified copy of the death certificate and identification. The bank should... View More
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
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
My husband and I have pour over wills as part of our trust. What steps are needed to recieve his inheritance? Do I have to open a probate case as executor of his will? This inheritance will be over $150,000.00
answered on Mar 31, 2020
Some Trusts and Wills provide that a beneficiary must survive the writer of the Trust or Will by a certain number of days to receive the inheritance. However, if the cousin's trust lacks such a provision, your husband's gift under the cousin's trust goes to his estate. The successor... View More
My son was receiving child support and health/dental insurance, I was receiving part of his military retirement (community property). He had arrears for child support as well. He was remarried but his widow refuses to talk to me. We are in Nevada and I received a call from the child support office... View More
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answered on Jan 28, 2020
You can make a claim against his estate for the past due child support. A probate attorney can help you with this.
The share of his retirement pay probably ended when he died, unless it was a joint and survivor annuity. More information is needed in order to sort that out. The attorney... View More
My fiancée passed away Dec 1st. It was all over the news. Not even 12 hours of his death and his ex-wife, his mother and sister started threatening and harassing me. They are threatening to break into my home for his belongings so they can sell it and make a profit. They sure act like this man was... View More
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answered on Jan 9, 2020
I am truly sorry for your loss. What you are going through is tragic, and it is a terrible example of failure to plan, because I have to assume that your fiancee' did not have a will. If he had a will, it would have named you to receive everything if he died, of course, and nobody would be... 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
Should a "short certificate" issued by a Delware probate court be sufficient to claim the account ? The Will is being filed in DE and will go through probate in DE.
answered on Dec 9, 2019
As a general rule throughout the United States, what is known as personal property (such as bank accounts) are probated in the state the Decedent was a resident regardless of which they the personal property is located in. So, yes, the Delaware probate court has jurisdiction of the NJ bank account... View More
I am Administrator of his estate. Lawyer says car money will be split with husband's two children and myself. Do I get money back that I invested into his vehicle before splitting funds with kids?
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answered on Nov 23, 2019
You should discuss this with your probate attorney.
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answered on Oct 19, 2019
Much more information is needed to give you any advice on this. For the best results you should schedule an appointment with a probate lawyer in the vicinity of where the probate of your mother's estate is being handled.
After my mother just recently passed away in May 2019..My dad being nice and trying to help my friend said that she,her husband and 17yr.old daughter could stay in his house for a week or so til they find a place due to them having just been evicted..They do not pay rent ,there is no lease... View More
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answered on Sep 27, 2019
I am sorry to hear about what your dad is going through. Sadly, your dad is going to have to hire a lawyer to help him with an eviction lawsuit. He could try calling the Sheriff to oust them as trespassers, but most Sheriffs won't do it if it "looks" like they "live" there.
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
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