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Nevada Probate Questions & Answers
2 Answers | Asked in Probate for Nevada on
Q: Do wills in Nevada need to go through probate if property is involved?

Both my stepfather and mother passed away within a year of each other. They owned two homes and numerous vehicles in both Sun Valley and Silver Springs Nevada. My youngest brother and his family now occupy one home and his oldest son lives in the other. He is saying his fathers will left him the... Read more »

Jonathan Craig Reed
Jonathan Craig Reed answered on Apr 9, 2021

Yes. Property that passes under a Will has to go through probate.

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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 »

2 Answers | Asked in Real Estate Law and Probate for Nevada on
Q: My husbands father passed here in Nevada. Will states 50/50 between he and his sister. She refuses to uphold the will.

His assets are a house worth near $300,000 and a car that are solely in his name. However, his sister is in possession of and claims he bought for her. Is my husband entitled to half of these assets? Will this have to be settled in probate court? Is there any instance she would be awarded... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 14, 2021

You need to hire a Nevada probate attorney to help you probate your father’s estate according to his will. It sounds like that process hasn’t even begun. If it has begun, then you need to hire a probate attorney to protect your rights.

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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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2 Answers | Asked in Probate for Nevada on
Q: In the state of Nevada is it illegal to rent out a house while it's in probate
Dara Joy Goldsmith
Dara Joy Goldsmith answered on Jan 9, 2021

No, it is not illegal, but it may not be a good idea. There a lot of issues to consider: insurance, damage, possible eviction of tenant; probate completing before the end of the lease, difficult to sell if necessary, possibly needing court approval to allow a tenant; objection by beneficiaries,... Read more »

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1 Answer | Asked in Probate for Nevada on
Q: What can I do if my Dad's newest wife from year 2016, contests my Dad's holographic will made in year 2014 in Nevada?
Dara Joy Goldsmith
Dara Joy Goldsmith answered on Jan 8, 2021

Pursuant to Nevada law, since the Will predates the marriage, she is entitled to receive all community property AND 1/2 or or 1/3 of the separate property, depending upon how many children he has. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be... Read more »

1 Answer | Asked in Probate for Nevada on
Q: Is a Nevada DEED UPON DEATH document still required to go through Probate?
Jonathan Craig Reed
Jonathan Craig Reed answered on Dec 18, 2020

The Deed Upon Death was designed by the Nevada legislature to function like a payable on death bank account. The Deed Upon Death has to be filed with the County Recorder prior to the death of the grantor and then upon the death of the grantor, the grantee files an Affidavit of Death of Grantor... Read more »

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 »

1 Answer | Asked in Probate for Nevada on
Q: Sister died with no will, divorced & deceased husband, no children, no real estate, small savings & credit card debt.

My sister passed away in Reno late June. She was divorced 18 years ago & ex is now deceased , no children, no will & a very small estate. Her bank account is less than $5,000, no safe deposit box, no real estate (she lived in an apartment with no valuables) & credit card debt of about... Read more »

Kirk Kaplan
Kirk Kaplan answered on Aug 12, 2020

The Affidavit of Small Estates should work. First, you do not file the Affidavit of Entitlement. You, not your wife, should create the Affidavit of Entitlement and present the same to the applicable bank along with a certified copy of the death certificate and identification. The bank should... Read more »

1 Answer | Asked in Contracts, Estate Planning and Probate for Nevada on
Q: My wife's uncle is embezzling funds from a trust. He wants to have her sign a new trust.

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... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera 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).... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Probate for Nevada on
Q: My father is ill and may not live very long.

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.

Delwyn E. Webber
Delwyn E. Webber 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...
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1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: What is the difference between being an interested person in a trust and a non interested person.
Tiffany Ballenger Floyd
Tiffany Ballenger Floyd 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;...
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1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: Hi, when opening probate and signing POA over to probate attorney in Nevada do I need to revoke it?

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... Read more »

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

2 Answers | Asked in Probate for Nevada on
Q: My husband passed away in June 2019. His cousin passed 27 hours prior and named him as a beneficiary of her trust.

My husband and I have pour over wills as part of our trust. What steps are needed to recieve his inheritance? Do I have to open a probate case as executor of his will? This inheritance will be over $150,000.00

Jonathan Craig Reed
Jonathan Craig Reed answered on Mar 31, 2020

Some Trusts and Wills provide that a beneficiary must survive the writer of the Trust or Will by a certain number of days to receive the inheritance. However, if the cousin's trust lacks such a provision, your husband's gift under the cousin's trust goes to his estate. The successor... Read more »

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1 Answer | Asked in Probate for Nevada on
Q: Do I need a lawyer if my Veteran ex husband died without a will and my son and I were receiving benefits from him?

My son was receiving child support and health/dental insurance, I was receiving part of his military retirement (community property). He had arrears for child support as well. He was remarried but his widow refuses to talk to me. We are in Nevada and I received a call from the child support office... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 28, 2020

You can make a claim against his estate for the past due child support. A probate attorney can help you with this.

The share of his retirement pay probably ended when he died, unless it was a joint and survivor annuity. More information is needed in order to sort that out. The attorney...
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1 Answer | Asked in Small Claims and Probate for Nevada on
Q: what are my rights to protect my kids, myself, my home from being harassed by my fiancées ex-wife and his mother?

My fiancée passed away Dec 1st. It was all over the news. Not even 12 hours of his death and his ex-wife, his mother and sister started threatening and harassing me. They are threatening to break into my home for his belongings so they can sell it and make a profit. They sure act like this man was... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 9, 2020

I am truly sorry for your loss. What you are going through is tragic, and it is a terrible example of failure to plan, because I have to assume that your fiancee' did not have a will. If he had a will, it would have named you to receive everything if he died, of course, and nobody would be... Read more »

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: My uncle recently passed. He has 2 living siblings,one deceased brother am I able to petition to be apart of the estate?

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... Read more »

Nina Whitehurst
Nina Whitehurst 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... Read more »

1 Answer | Asked in Probate for Nevada on
Q: Whose estate/ probate laws would apply for a DE resident who died and left a $40,000 checking account in a NJ bank ?

Should a "short certificate" issued by a Delware probate court be sufficient to claim the account ? The Will is being filed in DE and will go through probate in DE.

Jonathan Craig Reed
Jonathan Craig Reed answered on Dec 9, 2019

As a general rule throughout the United States, what is known as personal property (such as bank accounts) are probated in the state the Decedent was a resident regardless of which they the personal property is located in. So, yes, the Delaware probate court has jurisdiction of the NJ bank account... Read more »

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