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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... View More 
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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.
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... View More
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... View More
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... View More
Since I live out state how do I petition the state for her house property?
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... View More
I want to make settling my estate a simple process for my executor. I'm thinking I will pay one beneficiary via TOD/POD transfers (my executor), then instruct him to divide what he is paid amongst two or three others. So, I guess I'm wondering...should I just choose to SPLIT my assets... View More
answered on Sep 11, 2020
My suggestion would be to have TOD on all of your accounts, and split them between all of your beneficiaries in whatever percentages you desire. If all of your assets are liquid, you can avoid Probate simply by naming beneficiaries on your accounts. If you don't have TOD, then the funds... View More
answered on Aug 10, 2020
That would depend upon whether or not you are entitled to a copy of the Trust and/or upon who the 'holder' is. You will need to be more specific to get an answer. Try asking again, with more information.
My wife's uncle is embezzling funds from a trust. He wants to have her sign a new trust. In the original trust, A, he has full discretion over funds. In trust fund B, he does not. He wants to merge trust fund B into trust fund A, so he can steal it.
What I'm curious about is... View More
answered on Jul 31, 2020
You should contact an attorney familiar with trusts and estates that can review the two trusts you make reference to and provide legal guidance. You don't mention the type of trust (revocable, irrevocable, etc.), and you mentioned the merging of the trusts and dissolution (of I guess trust B).... View More
He is not lucid. Is there a way for my mother (they are married) to get durable power of attorney over him or is there another option? She is looking to refinance her home at a lower interest rate so that she can afford to stay there after he passes.
answered on Jun 12, 2020
Unfortunately as your father is not lucid, he cannot sign a Power of Attorney. Your mom would have to get a guardianship over him through the Court. This all takes time and expense and the Court would have to consent to refinancing the house.
After your dad passes your mom should be able... View More
answered on May 30, 2020
Interested "person" may be the grantor (creator) of the trust, a trustee and/or a beneficiary. Interested "trustee"- The term Interested Trustee means a Trustee who:
is a transferor or beneficiary;
is related or subordinate to a transferor or beneficiary;... View More
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answered on May 13, 2020
No the will is not nullified but the surviving spouse might be able to elect to take a share of the estate against the terms of the will. How much depends on many other factors such as how much of the state was separate property and how much was community property, how many children the decedent... View More
I have an order to set aside estate without administration $100,000 and I never put the property in my name or bank account. Do I need to cancel the Power of Attorney? Then send Demand letter to bank? Or to probate lawyer after I revoke?
Also, There was deed assignment to Us Bank as Trustee... View More
answered on May 8, 2020
I assume you signed a 'limited' power of attorney to enable the attorney to file the Set Aside. A Certified Court Order will allow you to transfer the bank accounts etc into your name so you should provide that to the Bank. If by 'property' you mean real estate, that you will... View More
Is there a form I can fill out stating that she grants me 25% of estate including insurance (life)
answered on Apr 27, 2020
Your girlfriend will have to prepare/sign a Last Will and Testament naming her you as to 25% if she desires to leave you a certain percentage of assets from her estate. She would also name the other beneficiaries and their percentages.
She should also name you as a 25% beneficiary of her... View More
Can she have the trust changed - only to specify that if she passes before distribution of assets of the trust, for her percent to go to her daughter? At current the trust states any departed beneficiaries percent is to be split amongst the remaining siblings. She is trying to prepare her own... View More
answered on Apr 15, 2020
When you say trying to prepare her own trust, is she working with an estate planning attorney? If she is ill and near death, this is not the time to be DIYing. She has more important things to worry about like spending time with family, seeing friends, and doing what she whats to do to the extent... View More
My wife and I live in California and own two investment properties (single family homes) in Nevada. We recently set up a California Trust. We would like to transfer the Nevada properties to the trust. I have read from a variety of what appear to be reputable sources that use of a quitclaim deed... View More
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answered on Mar 17, 2020
Another important consideration is whether or not you have title insurance on those properties. My best advice would be for you to take your existing deeds and your title insurance policies to a real estate attorney for review and to prepare the deed into your trust. Another really good option... View More
I am my mothers executor. I was able to close all her accounts with only the letter of testementary and death cert. I went to a small bank to take possession of her safe deposit box and the bank approved my documents in person.
The next day they called me and said I only had an oath. I... View More
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answered on Jan 25, 2020
An attorney would need to review your documents to see if they are valid and sufficient for this purpose. If they are, the attorney could write a letter to the bank explaining why they must honor it. In the worse case scenario the attorney could help you get an order from the court compelling the... View More
We are married and living in our primary residence which is paid off and valued ~$570K. Our house and other assets are all owned by our revocable Living Trust. We have never filed a Homestead Exemption in Nevada, but recently friends have told us we should do this to protect the equity in our home.... View More
answered on Jan 21, 2020
Nevada homestead exemption protects the equity in your primary residence (w/ proper homestead filing) up to $550K- cheap & easy protection! A revocable living trust typically does not provide ANY asset protection to the creators of the trust, so it's probably wise to file your homestead.... View More
My cousin just petitioned on behalf of his deceased father(5yrs passed), even though he hasn't seen or spoken to my recently deceased uncle in years. Even though my mother is alive can I also petition to get a portion of my uncle's estate?
My uncle had written off everyone in the... View More
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answered on Dec 24, 2019
If your uncle was not survived by a wife or patents or children and no valid will then chances are his estate will be divided into one share for each sibling with children of siblings inheriting in the place of deceased siblings. With your mother (who I assume is his sibling) still alive, she would... View More
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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... View More
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?
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answered on Sep 15, 2019
Hire a probate attorney near where your dad lived. The estate pays the legal fees.
My mom wants to do remove his name and do a Deed Upon Death naming me as the grantee of the house they own.
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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... View More
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