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I am a unadopted stepchild. My stepmother left me out of her will but she named all of her children in the will. Do I have any legal action against the will. Right now it is in accounting and final distribution stage.
answered on Dec 3, 2017
Based solely on the facts you have presented, I don't think you have a claim. It is a person's right when writing a Will to give the belongs and wealth to anyone they want. Parents have no obligation to leave any of their children anything. I do not believe that there is any presumption... View More
A dear old friend passed away in Sparks NV 7/19/17 2017. I live in Cupertino, 95014 CA. I was notified of her death by a letter from her insurance company dated August 29 and received by me about September 5, 2017. I found a 20 year old will of her's a week or so ago. I have no idea what or... View More
answered on Nov 17, 2017
Firstly, sorry for the loss of your dear friend.
The answer to your question depends upon the answers to some missing facts.
Are you aware whether your friend had assets in Sparks (ie: a house, car, bank accounts)? If so, those assets may need to go through Probate. As the Will... View More
A dear old friend passed away in Sparks NV July 7th 2017. I live in Cupertino, 95014 CA. I was notified of her death by a letter from her insurance company dated August 29 and received by me about September 5., 2017. I found a 20 year old will of hers a week or so ago. I am 79 years old and have... View More
answered on Nov 16, 2017
Dear Cupertino, CA:
You mentioned that your friend passed away in Sparks, Nevada. If your friend was living in Nevada, you should re-post your question in the Nevada forum. (Unless she also owned property in California, a bit on that later.)
The laws that govern how a descent's... View More
Father passed away in Nevada with a total estate worth $71,000. All of this money is held in joint savings account with his mother. This savings account was opened in 2015. His mother passed away in Florida on 3/23/17. My father never removed her from the account prior to his passing in Nevada on... View More
answered on Nov 15, 2017
Upon your grandmother's death, the account became owned 100% by your father. If your father never put anyone else on the account and did not name a payable on death beneficiary, then the account will have to probated as property belonging entirely to your father.
She made a deathbed declaration including money to be given to us that he refuses to honor in spite of 8 witnesses. I know it doesn’t hold up legally but we are entitled to 2/3 of her property however. How do we get a claim for her things?
answered on Nov 11, 2017
If your mother was domiciled in Nevada at the time of her death Nevada law will likely apply to her intangible and tangible personal property. You should consult with a Nevada attorney of your choice.
As surviving spouse, can I do the Affidavit of Entitlement, because my deceased husband had no other assets except 2 cars he owned outright? Greek lawyer needs POA from me because his half brother is buying out the property from the other family members. The property is not under NV jurisdiction.... View More
answered on Oct 19, 2017
If your Husband was a NV resident and his only property other than his interest in the Greek real estate, and if 2 cars are worth less than $25,000 together, then, yes, you can do an affidavit of entitlement. The $25,000 cut-off applies to his NV probate estate, not his interest in Greek real... View More
answered on Oct 12, 2017
Here are rule for where stuff has to be probated:
1) all real estate is probated in the state where the real estate is located
2) everything else is probated in the state where the Decedent was a resident at the time of death.
Not everything has to go thru probate:... View More
Bank released funds to daughter without proper court order. Funds did not belong to the deceased, they were deposited after Mother's death. Money has to be returned, daughter being sued by pension fund. Bank should have known. Never gave daughter a statement, or put funds into blocked account.... View More
answered on Oct 4, 2017
If the account was payable on death to daughter the ordinary procedure would be for the bank to release the funds upon being shown mother's death certificate. The bank should have exercised caution with respect to funds deposited after the mother's death. However, the daughter is unlikely... View More
Will left everything to trust. Named co-Trustees have failed to act within the 30 day time period (after death). Neither wants to serve. Need forms to effectuate my appointment as Trustee.
answered on Sep 13, 2017
What I typically see is a "Declination" prepared by and signed by the resigning Trustee(s) just stating that they acknowledge they were nominated to serve as Trustees of the "Name" Trust, however they decline to accept that appointment. The form could include language stating... View More
answered on Aug 8, 2017
Whether you father died in a state other than Nevada or your father died as a domiciled resident of Nevada you need to contact a probate attorney in the State of Nevada for advice. Each state has control over real property located in the state where the real property is located..
- The vehicle was titled only in the decedents name, not in the Trust.
- His surviving spouse wants to sell the car (the spouse does not live in the US).
- The car was purchased during marriage so is Community Property.
- I have a process detailed from DMV that will... View More
answered on Aug 3, 2017
Any assets that are owned by the trust are not owned by the decedent himself and are not part of his probate estate. Only property in which he had some ownership interest when he died. And if the Trust owns the condo, the trustee must do with the condo as the Trust document provides. Thus according... View More
He has money in a Direct Express account. He passed 8 months ago with no will and I'm his only child with no wife. I live in Reno, NV and he passed in Las Vegas, NV.
answered on Aug 2, 2017
For personal property the probate must take place in the state where he was a resident. The court will look at the death certificate to see which state was his residence state at the time of death.
Civil law part 300: 107:1941;1931ncl 9882.300
answered on Aug 2, 2017
If your sister's parent were alive when she died, the estate goes to them. If only one parent was alive when your sister died, the estate goes to the single parent who was alive when she died. If both her parents predeceased her, her estate will be divided evenly among all of her siblings. If... View More
answered on Jul 15, 2017
In most cases yes, but WHY would someone other than a creditor file to become executor if there were more debts than assets? You need to consult with a local probate attorney to insure you do this properly and ideally BEFORE you file anything with a court to insure you don't do anything you... View More
answered on Jul 9, 2017
If you haven't personally signed to be responsible for such bills, no, there is no theory that would allow them to 'go after' you (for anything more than the cost of providing the records) because you ask for medical records. You DO need to insure you ask for the records in the... View More
to claim her settlement! How do I go about this?I'm in Las Vegas, NV. Thank you!
answered on Jun 20, 2017
There are two possibilities. Either your Mom's estate needs to be probated even w/o considering the lawsuit in which case the lawyer you hire to probate the estate will know how to respond. However, if there would be no need to do a probate except for your Mom's lawsuit, then a probate... View More
answered on Jun 9, 2017
Summary Administration can be used for estates whose value is no greater than $300,000. If the value is more than $300,000 General Administration is required. For General Administration it is always required that a notice of the initial hearing be published whereas for Summary Administration that... View More
Does it still take 6 months to settle if she has no debt at all? I'm asking because I read creditors have that much time to contest. The house is valued at $240,000 in Sparks, NV.
answered on Jun 3, 2017
Because the house is worth more than $100,000 and less than $300,000, a Summary Administration must be filed. That probate process will take 5-6 months. The house can be sold during the probate process but the distribution of the proceeds to you and your sister will require 5-6 months.
The property is in the state of Nevada where community property law applies. What steps need to be taken to transfer ownership of deed to my mom? I understand no probate needed -- correct? Does filing an Affidavit of Death of Spouse Holding Community Property apply in this situation? How do we... View More
answered on Jun 3, 2017
Sorry to disappoint, but since the timeshare in Nevada is considered real estate, the only procedure available is "Set Aside Without Administration." Most people will need a lawyer to do that. In addition to the fees and costs of the probate lawyer, the timeshare company may charge a... View More
No will. Paid for home & car and $50k in checking. No spouse, no children. 4 siblings none lived with the decised.
answered on Jun 3, 2017
Nevada Medicaid will claim it is owed 100% of all money it provided on behalf of the Decedent during Decedent's life time. Under the facts you set out, Nevada Medicaid should win on its total claim.
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