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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.
I have a Deed upon death, but not related. The deceased has personal property in the condo and Clark County has taken Action to secure personal property. Blood relatives not cooperative, how do I proceed as owner of real property to obtain title and remove personal property out of real property,... View More
answered on Jul 9, 2019
Probably the Clark County Coroner has secured the condo to give the estate a reasonable time to remove personal possessions and look for things like bank statements and safety deposit keys. I think your first step would be to call the Coroner, explain your interest, and ask how long the Coroner... View More
My mother has three children, we all live out of state. The deed to the home/property is in her husband (of 11 years) and his ex wife’s name. Property is not worth over 100,000. Do my siblings and I have any right to a portion this property sale?
answered on Jul 4, 2019
I don't think so. This answer is based on Nevada law. There might be unusual circumstances that make for a different answer.
answered on Jul 2, 2019
If a particular item of real estate is owned by husband and wife and the vesting is JT or RS, then in the absence of unusual circumstances, such as claims of fraud or undue influence in changing the title, the surviving spouse should own that particular item of real estate, subject to whatever... View More
answered on Jun 30, 2019
NS means that when the owner dies the property must be probated. If there are 2 or more owners, such as husband and wife, if one of them dies his or her share must be probated. To avoid probate when one of two owners dies the vesting should read either JT for joint tenant or RS for right of... View More
They don't really have a relationship, other than a phone call couple times a year, they live in Kansas. Is the surviving widow obligated, by law (in Nevada), to address any concerns from his children from first marriage? Even if the will is silent on the issue. Its about the residential... View More
answered on Jun 30, 2019
If there is no Will, the law of who gets what without a Will (intestate succession) applies. This law does not take into account the nature of the relationship between the Decedent and any child or spouse. If there is no Will, and if the gross value of the estate is over $100,000, 1/3 goes to his... View More
Son are co trustees of a “trust”. Up until 1/2019, we assumed it to be truth. I checked, and executrix never filed the will. I am in the state of Nevada. So I filed for probate and have an open case. Should executrix be in gross violations?
answered on Jun 27, 2019
Nevada law requires that a person in possession of the original copy of a Will should file it with the court in the Decedent's county of residence within 30 days of the death. However, if all assets of the Decedent will pass outside the Will (because they are in a trust or because they are in... View More
Need to publish some kind of notice to the unknown child but this goes beyond my probate expertise and I have no idea what to file and publish.
answered on Jun 4, 2019
There is nothing wrong with a Nevada licensed lawyer asking a probate question on this forum but if you are not a Nevada licensed lawyer you are practicing law without a license in Nevada if you have a Nevada probate client.
If a valid Will makes a gift to a person, unless the Court is... View More
Without signed titles, but with witnesses to the gift and an audio recording can we enter the probate process?
answered on May 22, 2019
I don't think it looks good unless you can get his intestate heirs (the people who would inherit in the absence of a will) to agree that you may have the property. Then you could do a probate with the intestate heirs doing what is called a Re-Assignment to you. Maybe another lawyer will have a... View More
answered on May 8, 2019
I personally try to send out checks to the beneficiaries on the same day that the probate closes if the money has been sitting in my trust account.
In Nevada my fathers estate is upward of $300,000. with real property. the properties are all deeded upon death to me, as are all his vehicles and bank accounts. He does have many investments that he has not discussed much so i don't know how they are handled.
it is my understanding... View More
answered on May 6, 2019
The probate estate includes those items that have a title and can't be transferred from the deceased without a court order. Property in joint tenancy (where one joint tenant is still alive), or held with a transfer on death deed, or bank accounts payable on death are NOT in the probate estate.... View More
Do I have rights? Kids aren't aware of partnership. Do I need to file anything?
answered on May 1, 2019
Firstly, sorry for your loss.
The Will signed by your bf would need to be viewed to see whether it is a valid Will under NV Statute; A registered domestic partner does have rights under the NV Statutes, so I would recommend that you meet with an attorney to review the Will and discuss your... View More
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?
answered on Feb 22, 2019
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.
My mother( his daughter) is deceased and my surviving aunt. My mother had three children, one is deceased, the other wants nothing to do with my grandfather's estate and the other child is me. What will be the intestate distribution in Nevada?
answered on Feb 20, 2019
50% will to your mother's descendants. If your deceased sibling left children, 1/3 of your mother's share will go to those children equally. If your deceased sibling died without leaving any descendants, one half of your mother's 50% share goes to you and the other surviving sibling... View More
My mom died intestate when I was 17. I am her only child and she was a widow her only living next of kin is her brother. I am trying to avoid going through the court since washoe county doesn't want to let me file everything with the court on my own but hire an attorney instead. I realize that... View More
answered on Feb 10, 2019
You can't get title with an affidavit. You will need to do a probate. The proper value of the estate is the value of the home at the time of your mother's death which is probably a lot less than the current value. The Court will accept the Zillow.com value and the Zillow.com website... View More
NRS 134.160 Kindred of half blood. Kindred of the half blood inherit equally with those of the whole blood in the same degree, unless the inheritance comes to the decedent by descent or devise from an ancestor, in which case all those who are not of the blood of the ancestor are... View More
answered on Feb 2, 2019
The easy answer is that if the house was truly held in joint tenancy by Mom and Dad, Dad owns the whole house upon Mom's death. (You or your lawyer can file an Affidavit of Death of Joint Tenant with attached death certificates on both to move the ownership from joint to your father's... View More
For the purpose of determining the probate procedure to use, do you have to use the amount it states is the market value of the home or can you use the assessed value?
answered on Feb 1, 2019
We typically use the Zillow value - just keep in mind if Zillow is used, and an appraisal is done which puts it over the statutory limit, you will need to convert the probate.
Parents had no will. I am only child. No debts exist. Only thing to go through probate is the home they owned outright. The home is valued at $115,000
answered on Jan 31, 2019
It would be a cheaper and simpler probate process if you could get the value of the house down to no more than $100,000 so you could do a set-aside--assuming you could truthfully state under penalty of perjury that all known debts have been paid.
You can do the zillow.com evaluation at the... View More
Stepmother/Father bought house together three years ago in vegas and she may have been his beneficiary for his 401k but we would like to see the will because he previously told me we were mentioned in it for when she dies.
Haven't seen online any filing of the will with the courts or... View More
answered on Jan 2, 2019
Firstly, sorry for your loss.
NRS 136.050 provides as follows:
1. Any person having possession of a will shall, within 30 days after knowledge of the death of the person who executed the will, deliver it to the clerk of the district court which has jurisdiction of the case or to... View More
All other assets jointly owned and property less mortgage is under$ 100,000
answered on Dec 26, 2018
The mortgage company may have a right to call the mortgage as the original owner is no longer the owner. However, the estate does qualify for a set-aside in Nevada based on the facts you have provided. You have a legal right to try to do this yourself, but most people will need to hire a lawyer. If... View More
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