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Nevada Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Nevada on
Q: Can the executor remove a beneficiary from the trust? Is he required to notice the beneficiary? Thank you
Nina Whitehurst
Nina Whitehurst answered on Oct 2, 2019

A trust becomes irrevocable upon the death of the settlor and, furthermore, the executor only administers the probate estate. Trust assets are not part of the probate estate. So, unless there are some pretty extraordinary circumstances that you have not mentioned, no, an executor cannot remove a... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Nevada on
Q: My dad died and nobody contacted me to inform me of his death. I just found out that my aunt had moved in after he died

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?

Nina Whitehurst
Nina Whitehurst answered on Sep 15, 2019

Hire a probate attorney near where your dad lived. The estate pays the legal fees.

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: My mom and deceased stepfather has a living trust in Clark County. How do I remove my stepfather's name from the trust?

My mom wants to do remove his name and do a Deed Upon Death naming me as the grantee of the house they own.

Nina Whitehurst
Nina Whitehurst 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... Read more »

1 Answer | Asked in Probate and Estate Planning for Nevada on
Q: My father passed with out a spouse i'm an only child who doesn't get along with his mother and sisters. They are trying

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 and take... Read more »

Nina Whitehurst
Nina Whitehurst 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.

1 Answer | Asked in Estate Planning for Nevada on
Q: How long is living trust valid?

How many years is living trust valid in Nevada?

Nina Whitehurst
Nina Whitehurst answered on Aug 11, 2019

For all practical purposes, there is no time limit for living trusts in Nevada, but to answer your question, in Nevada a nonvested property interest must vest within 365 years after its creation. I am not aware of any trust case in Nevada that has tested that limit, and I doubt I will see such a... Read more »

1 Answer | Asked in Estate Planning for Nevada on
Q: Is living trust outdated after 3 years?

Stone Law Office advertised on RJ on August 11, 2019 as "why your living trust may be outdated if it's more than 3 years old." Is this true?

Nina Whitehurst
Nina Whitehurst answered on Aug 11, 2019

It is true in some cases and not others. That is why they wrote "maybe" instead of "is". Estate plans should be reviewed every few years for possible changes needed due to changes in laws and also every time a significant change occurs within the family or the field of beneficiaries, such as... Read more »

1 Answer | Asked in Estate Planning for Nevada on
Q: IRA account with no listed beneficiary passing into estate - does this go to next of kin ?

Father passed in Nevada. Will states "intentional and with full knowledge omitted to provide for heirs".

There is an IRA account (opened in CA) with no beneficiary listed and the bank form states it will pass into the 'estate'. As next of kin (who was intentionally omitted from will) is... Read more »

Delwyn E. Webber
Delwyn E. Webber answered on Jul 15, 2019

Although your father disinherited his 'heirs', did he name any beneficiary(s) in his Will? If he named beneficiaries, then the funds from the IRA should go to them through the Probate process.

1 Answer | Asked in Estate Planning for Nevada on
Q: Does a deed upon death created in 2016 supersede a will created in 2012?

Deed upon death leaves property to myself and my sister as JT. Will leaves property to my sister only unless she sells it, at which time the proceeds go to the 5 heirs as stated in the will. I am the financial guardian for his estate. My father passed away, last month, my mother in 2014. We plan to... Read more »

Delwyn E. Webber
Delwyn E. Webber answered on Jul 8, 2019

Firstly, sorry for your loss.

The Deed Upon Death prevails over the Will, so once you and your sister sign and file the appropriate Affidavit with the Recorder, the property will be transferred to you and her as Joint Tenants.

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: bf passed. I've got domestic partnership No will/his son hand wrote a note stating estate left to kids & he signed.

Do I have rights? Kids aren't aware of partnership. Do I need to file anything?

Delwyn E. Webber
Delwyn E. Webber 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...
Read more »

2 Answers | Asked in Estate Planning, Elder Law, Municipal Law and Probate for Nevada on
Q: I'm a personal representative on will and sole beneficiary on will. Do I still have to file with courts Reno NV

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?

Delwyn E. Webber
Delwyn E. Webber 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.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Nevada on
Q: can affidavit of survivorship apply to only child living with parent alone? or is intestate succession mandatory?

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... Read more »

Jonathan Craig Reed
Jonathan Craig Reed 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 usually lets... Read more »

2 Answers | Asked in Estate Planning and Probate for Nevada on
Q: What do I do if my parents died w/out a will, I am the only child & the only estate is a house and no debt?

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

Delwyn E. Webber
Delwyn E. Webber answered on Jan 31, 2019

Firstly, sorry for your loss.

As the value of the house is in excess of $100,000.00, you will need to open a Summary Administration and go through the motions through the Court to have the house transferred to yourself as sole heir.

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1 Answer | Asked in Estate Planning for Nevada on
Q: My mother died in Nevada. We owned her home together as a "community property." I live in New York.

There is less than 15000 of other assets and the house is worth about 200,000. What steps do I need to take to be able to sell the house. She had a will, I am executor.

Delwyn E. Webber
Delwyn E. Webber answered on Jan 30, 2019

Firstly, sorry for your loss.

You mentioned that you own the property as 'community property' - did you mean 'joint tenants'? If you are joint tenants then the property will revert to the surviving joint tenant(s) upon recording of an Affidavit Terminating the Joint Tenancy....
Read more »

2 Answers | Asked in Probate and Estate Planning for Nevada on
Q: Dad died with a will in Las Vegas on Nov. 10, 2018. He had a will that we haven't seen.

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... Read more »

Delwyn E. Webber
Delwyn E. Webber 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...
Read more »

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2 Answers | Asked in Estate Planning and Probate for Nevada on
Q: I need to hire representatives to guide and adjudicate probate for my father who passed on the 8 Dec. Do you help?
Jonathan Craig Reed
Jonathan Craig Reed answered on Dec 22, 2018

Our firm does uncontested probates at discounted rates through out Nevada if the are Set Asides, Summary Administration or General Administration. These terms are explained on our website, probatenevada.net

If the probate is contested (because family members are fighting) you want to...
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1 Answer | Asked in Estate Planning for Nevada on
Q: What kind of property can you put into a family trust?
Delwyn E. Webber
Delwyn E. Webber answered on May 14, 2018

Typically you can transfer real property, personal property, membership interests, stocks, vehicles, and the like. Assets that cannot be 'owned' by a revocable trust are Qualified Plans [IRA, 401K], Annuities and Life Insurance Policies. [Life Insurance Policies can be owned by an Irrevocable... Read more »

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: im a benficuary on my mothers will when the house gets sold. they won.t let me see the will

Im the only one they didn't tell they was going to read it, and the only one never moved out the house.

Kenneth V Zichi
Kenneth V Zichi answered on Dec 16, 2017

Nobody 'reads' wills any longer. This is a Hollywood myth.

As an heir, however, you are supposed to get a copy of any will that is being probated. If you haven't gotten one already, you can certainly go to the probate court and review the file.

Once you have done that, you should...
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1 Answer | Asked in Estate Planning for Nevada on
Q: Mom died, no husband, 1 adult child. Home mortgage is only asset. What legal paperwork is required?

House estimated about $225k. Her name only on mortgage. Clark county

Delwyn E. Webber
Delwyn E. Webber answered on Nov 20, 2017

Firstly, sorry for your loss.

If there is equity in the home, a Probate will need to be opened to transfer the residence to the sole heir, or to allow the sole heir to sell the residence, unless Mom filed a Deed Upon death prior to her passing.

I hope this helps.

1 Answer | Asked in Estate Planning for Nevada on
Q: Do personal items in a house (clothing, jewelry, etc) go through probate in Nevada? If so, any way to avoid that?

Updating our estate plan. Once both my wife and I pass, who decides who gets all our personal items in the house? We have three adult children who are named as equal beneficiaries in our will.

Delwyn E. Webber
Delwyn E. Webber answered on Nov 20, 2017

Typically personal property doesn't go through probate unless it is 'valuable', or if there is a contest. Oftentimes clients leave a "memorandum" which sets forth which child gets certain pieces of personal property. You don't say whether you have a revocable living trust. If you do, you should... Read more »

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: What if bank released deceased person's bank account funds to wrong person without proper court order?

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.... Read more »

Jonathan Craig Reed
Jonathan Craig Reed 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 to be... Read more »

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