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Nevada Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Nevada on
Q: In Nevada, if quitclaim deed (adding spouse) does not specify JTWROS, is it assumed right of survivorship?

Spouse dies, does deed transfer upon presentation of death certificate?

Delwyn E. Webber
Delwyn E. Webber 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.

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1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: In Nevada, when determining the estate value, does that include the house that is going to surviving spouse?

Deed was joint with right of survivorship

Kirk Kaplan
Kirk Kaplan 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.

1 Answer | Asked in Estate Planning for Nevada on
Q: State of CA In a Trust it states a distribution of $100k to an individual who is deceased. Is the amount negotiable

This individual has a wife. Do I have to pay her the 100K?

Nina Whitehurst
Nina Whitehurst 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... Read more »

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: A men and a woman, who are husband and wife, start a family trust. naming the womans two sons as sole beneficiarys ,

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... Read more »

Nina Whitehurst
Nina Whitehurst 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...
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1 Answer | Asked in Estate Planning for Nevada on
Q: Is it better to file a quitclaim deed or to buy my mom’s house?

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.

Kirk Kaplan
Kirk Kaplan 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... Read more »

1 Answer | Asked in Estate Planning for Nevada on
Q: Does a living trust destroy a joint tenancy in Nevada?

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?

Kirk Kaplan
Kirk Kaplan 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... Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for Nevada on
Q: My mom has a revocable living trust. I am her only son. I am the successor trustee and beneficiary.

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

Nina Whitehurst
Nina Whitehurst 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.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Nevada on
Q: Living in family owned home father died.

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.

Bonnie M Lonardo
Bonnie M Lonardo 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.

1 Answer | Asked in Estate Planning for Nevada on
Q: How can I invoke NRS. 163.170?
Dara Joy Goldsmith
Dara Joy Goldsmith 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... Read more »

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: HOW CAN MY GIRLFRIEND STOP HER MOM FROM KICKING HER OUT OF THE FAMILY HOME

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... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Jun 10, 2021

I believe you might benefit from speaking to an estate planning attorney regarding this question.

1 Answer | Asked in Copyright, Estate Planning, Business Law and Intellectual Property for Nevada on
Q: My late husband had semiconductor patents. I haven't probated yet and not sure what needs to be done. US4,697,332
Marcos Garciaacosta
Marcos Garciaacosta 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

2 Answers | Asked in Estate Planning and Securities Law for Nevada on
Q: Do the State Courts have power to compel the company to lift restrictions on its stock?

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... Read more »

Nina Whitehurst
Nina Whitehurst 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... Read more »

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1 Answer | Asked in Real Estate Law and Estate Planning for Nevada on
Q: My father died with a will. He inherited land from my moms family. How do I separate my share from my nephews?

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... Read more »

Janice Jacovino
Janice Jacovino 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...
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1 Answer | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for Nevada on
Q: How can I find out if Medicaid Estate Recovery will file a claim on family estate?

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... Read more »

Dara Joy Goldsmith
Dara Joy Goldsmith 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... Read more »

1 Answer | Asked in Estate Planning for Nevada on
Q: Can I write my own will in Nv ? I have beneficiaries on financial accounts bought townhouse 3 yrs ago and have car paid

Also need to include household items. Leaving to 2 siblings but I have 5 and mom is still alive thank you

Dara Joy Goldsmith
Dara Joy Goldsmith 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... Read more »

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: I have a check that says "pay to the order of (my father, deceased, c/o (sister)". I am the executor of his will.

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?

Dara Joy Goldsmith
Dara Joy Goldsmith 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... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Nevada on
Q: What are the rights of a heir(s) in a probate legal matter? Aunt has been trying to get us to waive our rights why?

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... Read more »

Nina Whitehurst
Nina Whitehurst 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.

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1 Answer | Asked in Estate Planning for Nevada on
Q: How to obtain the most recent trust papers for the beneficiaries from financial advisor
Delwyn E. Webber
Delwyn E. Webber 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...
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2 Answers | Asked in Estate Planning and Probate for Nevada on
Q: My dad owned a business, he passed and there's a questionable will.

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... Read more »

Steven J. Fromm
Steven J. Fromm 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... Read more »

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1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: My mother was recently murdered she owned a house in Las Vegas, Nevada. She had no will. And I live in California

Since I live out state how do I petition the state for her house property?

Jonathan Craig Reed
Jonathan Craig Reed 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... Read more »

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