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Nevada Estate Planning Questions & Answers
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...
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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... 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...
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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...
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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... 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...
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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... 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... Read more »

1 Answer | Asked in Estate Planning for Nevada on
Q: How to track down important files kept in law office when practice has closed and atty's are deceased or retired?
Delwyn E. Webber
Delwyn E. Webber answered on Oct 3, 2017

The first thing you may want to do is to reach out to the Nevada State Bar to see if they have any knowledge of anyone taking over the practice, or the transfer of files. Typically files are kept for 7 years, so if it is longer than that, you may not be able to obtain a copy.

Good luck to you.

1 Answer | Asked in Estate Planning, Family Law and Probate for Nevada on
Q: Where do I get forms for a trustee declination to serve and appointment of successor trustee by resigning trustee?

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.

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

1 Answer | Asked in Estate Planning for Nevada on
Q: I have a a home about 350k In Clark count, i 100k mortgage. I want to move house from my name to a trust.How do I that

I will form a trust using is legal forms. As I don't have much cash. I called Clark county and asked what forms I need, and they refused to give any guidance. All I wanted to know was what items do I need to bring in with me to transfer the name from me to my trust

Delwyn E. Webber
Delwyn E. Webber answered on Aug 28, 2017

You will need to prepare and execute a Warranty Deed and also a Declaration of Value to accompany it. You will need to present a copy of the Trust or Trust Certificate to the Recorders Office at the time of filing your documents, however the Trust is not recorded. You should then re-file your... Read more »

1 Answer | Asked in Estate Planning for Nevada on
Q: mother died was 84 yrs old lived in Clark county a senior living apartment. She had no assets & $500 bank

We now have the certified death certificates and we have her signed will can we mail to Clark County probate court. We do not live in the state and I am executor. Since she had no assets is it required

Delwyn E. Webber
Delwyn E. Webber answered on Aug 23, 2017

Firstly, sorry for your loss.

Based upon the information you have provided, a Probate will not be necessary. The original Will should be filed with the Clark County Court, and costs $18.00 to do so.

In the event your mother did not have a named beneficiary on her bank account, the...
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1 Answer | Asked in Estate Planning for Nevada on
Q: I am an heir to 90 percent of my grandmothers estate. She passed away in Nevada.

I have spoke to the Law firm 3 times handling the estate. I am not the executor. In April, they told me it should be complete by June. I called last week and they have yet to file the closing of the probate. There is a substantial amount of money involved in this estate and not having any... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 25, 2017

If they are ignoring you, I would suggest you hire a lawyer.

1 Answer | Asked in Estate Planning for Nevada on
Q: how to cancel a trust
Kenneth V Zichi
Kenneth V Zichi answered on Feb 7, 2017

You will need to do two things: 1) remove all assets from the trust and 2) Revoke the trust (if that is possible)

The details of HOW to do this legally and effectively go beyond what can be done in a Q&A format. You should seek local professional legal help to insure you do both steps...
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1 Answer | Asked in Estate Planning for Nevada on
Q: I have a will prepared in Arizona. I have since moved to the Vegas area. Do I need to have this will rewritten?
Charles Snyderman
Charles Snyderman answered on May 19, 2014

Most attorneys prepare a Will so that is valid in all states. If you have a concern, you should call the office of the attorney who prepared your Will and ask this question.

1 Answer | Asked in Estate Planning for Nevada on
Q: How can I view my fathe's will/trust?He named his caretaker as his conservator and they will not provide me with info.
Jonathan Craig Reed
Jonathan Craig Reed answered on Aug 28, 2013

If your father is still alive I don't believe you have the right to know his estate plans.

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