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Nevada Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: With an affidavit of entitlement in Nevada completed and notarized, how do you cash a check made out to the estate?

My mother passed away with the majority of her assets distributed to heirs through beneficiaries, joint tenancy, etc. Leftover, there are a handful of checks made out to the estate of ____.

How do you actually go about cashing those checks with the affidavit?

Kirk Kaplan
Kirk Kaplan
answered on Feb 11, 2024

Likely the Affidavit will not be effective with banks, but you could try to ask if they would cash the checks. Try the bank you are currently work with. Or, send the affidavit to each of the issuers of the checks and them to re issue the check in your name. Depending upon the number of checks,... View More

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Estate Planning for Nevada on
Q: The POA for my aunt , quit claimed her Deed and now my aunt doesn't own her house. She is 85 and I need to know how?

The guy that said he would help my aunt with her trust, was heard talking to the guy he quitclaimed the deed to. The guy said he would pay him 100k and 3 weeks later the house is recorded as that other guy's and my aunt didn't approve this. They sold it for 300k less then it's worth.... View More

Anthony M. Avery
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answered on Jan 15, 2024

Aunt must hire a competent NV attorney to file suit to set aside the transfer. If there is a trust, then the trustee may still have legal title if he did not convey. Attorney In Fact must also be sued for breach of fiduciary duty. Ejectment action may be needed in addition to a Quiet Title,... View More

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: My uncle died and his possessions go to the last surviving sibling which is my mom and we spent money on his card
James L. Arrasmith
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answered on Jan 12, 2024

When a person passes away, their assets and liabilities become part of their estate. If your uncle's possessions are to go to his last surviving sibling, which is your mother, this should be outlined in his will or, if there is no will, according to state intestacy laws. However, spending... View More

2 Answers | Asked in Estate Planning, Tax Law and Probate for Nevada on
Q: My father died. his bank account which on all of them only assets. I’m only child. Mother dead. what to do?

He has 96k in a VA FIUCIARY account which in the fiduciary. He has 99k in an account which I am on, and 37k in a savings which I’m on. No spouse or other kids. I live in Henderson Nevada

Jonathan Craig Reed
Jonathan Craig Reed
answered on Jan 12, 2024

You don't say what state your father was a resident of. The state he was a resident of when he died determines which state law controls the distribution of his assets that are NOT real estate. The details of probate law vary from state to state. If I understand your questions correctly, there... View More

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2 Answers | Asked in Estate Planning, Tax Law and Probate for Nevada on
Q: My father died. his bank account which on all of them only assets. I’m only child. Mother dead. what to do?

He has 96k in a VA FIUCIARY account which in the fiduciary. He has 99k in an account which I am on, and 37k in a savings which I’m on. No spouse or other kids. I live in Henderson Nevada

James L. Arrasmith
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answered on Jan 12, 2024

I'm sorry to hear about your father's passing. Dealing with financial matters after a loss can be challenging, but there are clear steps to follow in this situation. Since you are the only child and your mother has also passed away, you are likely the primary heir to your father's... View More

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1 Answer | Asked in Estate Planning for Nevada on
Q: I live in Nevada and have to have a for small estate affidavit for the state of California. Can I notarize it here?

Also when I file this form does the state of California offer a fee waiver if I cannot afford the filing fee?

T. Augustus Claus
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answered on Sep 27, 2023

You can generally get a California Small Estate Affidavit notarized in Nevada. When using out-of-state notaries for California legal documents, make sure the notary is familiar with the requirements. As for fee waivers, California courts do offer them for those who can demonstrate financial... View More

1 Answer | Asked in Estate Planning for Nevada on
Q: If my will does not specify a real property will that be a problem for my beneficiary?
T. Augustus Claus
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answered on Aug 29, 2023

In Nevada, if your will does not specifically address a piece of real property, it could potentially cause complications for your beneficiary. A will is a legal document that outlines your wishes for the distribution of your assets after your passing. If you own real property and it is not... View More

1 Answer | Asked in Probate, Estate Planning, Landlord - Tenant and Real Estate Law for Nevada on
Q: In Nevada under NRS statues my mom owns property .Has dementia for 5 yrs no will .when she dies what paper do I file?

Her and boyfriend are joint tenants on her other property both on deed. The other property is in my mom's name only and is paid in full and I live in the house .I have to file paperwork when she dies .What paperwork should I have ready in the State of Nevada?

Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 22, 2023

If your mother dies before her boyfriend, he will end up owning the property they hold in joint tenancy. If you are an only child and your mother dies without a will you will have to probate the house solely in her name but you will get it unless creditors have a claim. Even if she had willed the... View More

1 Answer | Asked in Probate and Estate Planning for Nevada on
Q: Good morning. My mother died around 11 yrs., my step father died in December 7th. His will and trust say to gather and

Divide all of his assets between the beneficiaries. My stepsister told my blood sister that they we’re getting a 2mil life insurance payoff and that they won’t be splitting it up as per the trust. Can she do that?

Nina Whitehurst
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answered on May 22, 2023

Your question is missing important facts. The life insurance must be paid according to the death beneficiary designation that the owner specified for the policy.

If the death beneficiary is the trust, then the proceeds must be distributed according to the terms of the trust. The trust...
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1 Answer | Asked in Estate Planning, Probate and Banking for Nevada on
Q: cash a check from a loved one who passed?

My brother became sick and he wrote me a check for $30000 i deposited it to my account but it was denied due to funds not being in checking so he transfered funds and wrote me another check i deposited it then he died the check was denied for an unknown reason my account was froze then closed due... View More

Lee Drizin
Lee Drizin
answered on Feb 9, 2023

Sorry to hear about the loss of your brother. In the event his estate consisted solely of the bank account and it was under $25,000, then you would be able to access the account through the use of Nevada's Small Estate Affidavit. Unfortunately, due to the amount involved, this will not be... View More

2 Answers | Asked in Estate Planning and Probate for Nevada on
Q: Can I withdraw funds from my recently deceased dad's fiduciary bank account if I'm on it & no one else will contest it?

I have been my dad's guardian for over 10 years. I am also his heir. I have one sibling who isn't interested in the account. My dad didn't have a will. He only had a bank account that has a 100k balance. He has no debt and no other assets. I am trying to avoid attorney fees, etc.,... View More

Kirk Kaplan
Kirk Kaplan
answered on Jan 24, 2023

Appears your father died with a guardianship over his person and property. If so, final pleadings advising the guardianship court of his death. This will close out the guardianship. If your father died with the bank account you say no one else has an interest in the account, and you are not a pay... View More

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2 Answers | Asked in Estate Planning and Probate for Nevada on
Q: Can I withdraw funds from my recently deceased dad's fiduciary bank account if I'm on it & no one else will contest it?

I have been my dad's guardian for over 10 years. I am also his heir. I have one sibling who isn't interested in the account. My dad didn't have a will. He only had a bank account that has a 100k balance. He has no debt and no other assets. I am trying to avoid attorney fees, etc.,... View More

Lee Drizin
Lee Drizin
answered on Feb 9, 2023

While there is no legal obligation to retain an attorney to close the guardianship, you are required to file a final account to terminate the guardianship. You should be aware that you cannot withdraw money from a guardianship account without a court order and these restrictions don't... View More

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1 Answer | Asked in Family Law, Real Estate Law, Probate and Estate Planning for Nevada on
Q: I'm only child father passed away June 2022 he was unmarried has property in Nevada who has control over the house?

Relatives are living there rent free because of health issues. I want to store my dad's belongings there and they are telling me there is no room. I've heard my uncle is going to try and get it. What can I do or where do I start? There is no will. Do I have any authority at all? Please help

Delwyn E. Webber
Delwyn E. Webber
answered on Jan 3, 2023

Firstly, sorry for your loss.

Based upon what you have said, the house and dad's other assets will become yours as an only child, however the assets will most likely have to go through probate to become yours. You should consult with an attorney soon regarding opening a probate action...
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1 Answer | Asked in Real Estate Law, Probate and Estate Planning for Nevada on
Q: Dad passed away in June 2022 has property in Carson city nv unmarried and I am only child. Had no will. Who has control

Aunt and uncle live there rent free because of health issues. I've heard my uncle wants to take it over. Where do I Start?

Any advise would be appreciated.

Anthony M. Avery
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answered on Jan 1, 2023

You probably own it as the sole heir. Hire an attorney to search the title, determine heirship, and possibly evict the relatives. If only a tenant in common, then partition may be in order.

1 Answer | Asked in Estate Planning, International Law and Probate for Nevada on
Q: I live in nevada but my father died 5 days ago in Cairo egypt. How do I get my Inheritance and life insurance policy's

I am an only child and my father wasn't married. My father was Muslim- I am not. I am female. My father told me about the bank accounts and investments and insurance policies he was leaving me. How do I get them when I'm in Nevada?

Kirk Kaplan
Kirk Kaplan
answered on Nov 19, 2022

An attorney familiar with Egyptian law will very likely provide a much better answer than I will. But just in case one does not leave an answer, maybe my answer will be a good start. In the US, the laws governing how property passes to heirs/descendants, depends upon residence of the deceased at... View More

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: My estranged father died. His will says he has no children or heirs. His trust goes to his spouse. Can I contest?

This is in Nevada. I am his only child and my existence is not mentioned in his will. He has a trust that passes solely to his spouse. We were not on speaking terms so I can’t claim he was manipulated. Is this how family members are written out of wills or is this something that can be contested?

Anthony M. Avery
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answered on May 6, 2024

Hire a NV attorney search the records and file an action, probably at least a Declaratory Judgment/Trust Construction action and a Will Contest. Otherwise forget about it.

1 Answer | Asked in Estate Planning for Nevada on
Q: How to setup up a trust and how to divest myself of all assets, put 2 LLC in the same trust. Setup durable POA, AD, Will

My wife and I are getting older we want to protect what we have and preserve our rights to do as we wish with our bodies and avoid any possible moment when our choices are given to the court or other authority.

Anthony M. Avery
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answered on Apr 1, 2024

You are going to have to hire a NV attorney to plan your all's affairs. I do not advise putting everything in a trust, as some diversification is usually an advantage. Be prepared to describe all your valuable assets in detail and what you want to do with them.

1 Answer | Asked in Estate Planning and Family Law for Nevada on
Q: Can legally get my inheritance out of a trust if I was named on the bank account

Does it oversee the will and the trust. My brother put my half into a snt during my grieving. And provisions in the will with so many restrictions that I can never touch a penny. And I was named on the account so was the money supposed to go to me or the trust

Anthony M. Avery
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answered on Jan 3, 2024

You will need a NV attorney to contest the execution of the SNT, and have the money converted sent back to you. It will be difficult to set aside the transfer.

1 Answer | Asked in Estate Planning for Nevada on
Q: How many days do you have to file Financial documents before a hearing for a trust matter?
T. Augustus Claus
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answered on Nov 15, 2023

The time frame for filing financial documents before a hearing for a trust matter in Nevada is typically ten days.

1 Answer | Asked in Estate Planning for Nevada on
Q: What does it mean when dealing with a trust “Consent and termination of the life estate”

My parents named me as successor of their home and before my mother passed she had an amendment put in that named my son as the successor trustee with me as the survivor trustee. In the amendment it says

A. DISPOSITION OF SETTLORS' HOME: we direct that (me) and (my son) receive a life... View More

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answered on Oct 16, 2023

It sounds unprecise but unless there are other relevant or inconsistent terms, you should be able to give to your son your life estate or possibly a remainder. You could do that without the trust language.

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