He had a wife who passed yes before him, she had children but not his. He has a home but I don’t know how to get access which is probably where the will is.
answered on May 17, 2022
A person having an original Will (not just a photocopy) is required by law to file it within 10 days after the Will writer dies. This is not strictly enforced. Some people are slow to file a Will or begin probate. However, you can search for filed Wills by name on the Clark County Court website.... Read more »
Spouse dies, does deed transfer upon presentation of death certificate?
answered on May 12, 2022
No, it is not assumed, and even if it was JTWROS, presentation of the death certificate is not sufficient.
You should consult with an attorney, as there are a few things to consider before it can be determined how best get the house transferred.
Deed was joint with right of survivorship
answered on May 11, 2022
Probate is about clearing title of the name of the deceased from property the deceased owned individually - not with someone else like Joint tenancy WROS, so the answer is no.
answered on Mar 15, 2022
I am sorry for your children’s loss. Without more facts it impossible to answer the question. Facts needed are state of his residence at time of death, the ages of all of his children, how his assets are titled, approximate value of assets to go through probate, does he have a Will or Trust,... Read more »
the man, who is the stepfather to the beneficarys, starts a charitable LLC. right after his wifes death. of whitch he is president and CEO. then two months before his death,he secretly amends the family trust to name his nonprofit as the sole beneficary. He removed the two blood heirs of his wife... Read more »
answered on Mar 8, 2022
There are way too many missing facts to answer your question. You really do need a full consultation for that.
My editorial comment here is if the wife really wanted to protect against this, then it was an estate planning failure, at least as to her share of the trust estate, because this... Read more »
We live in her home which is in the trust. When she passes can I take over payments and keep the home? She owes 350k but house is worth 700k. We are in NV
answered on Dec 13, 2021
You would be considered a "successor in interest" and, yes, you can just keep making the payments. When the trust administration is complete and the home is in your name, provide a copy of the deed to the mortgage lender and let them know that they should start sending statements to you.
His wife trying to evict me. Can I stay this and compel the will be produced?How do I go about this? A general form to compell to produce the WILL and stay eviction.
answered on Nov 4, 2021
Your situation sounds like it may benefit from speaking to a probate attorney. unfortunately our firm doesn't handle these types of matters but I am certain you can get assistance from a probate attorney. wishing you the best.
Nephew n niece have any rights to the house n assets we have no will
answered on Oct 4, 2021
Assuming your mother was a raiders t of Nevada when she died, pursuant to Nevada intestate law, her deceased children’s grandchildren step into their deceased parent’s shoes. That being said, assuming your deceased siblings each had at least one child, the estate would be divided in four, on... Read more »
a document he provided for signature. my i file that myself since hes mia
answered on Jun 21, 2021
You will need to file a substitution of attorney in the proper person. The self help center will have forms that you can use to achieve that objective.
I’m going to file the set aside and mail her notice and wondering if I will get the entire estate if she doesn’t file an objection or will the court just automatically give her half without her showing up in court or objecting. We haven’t seen her for 30 years so the chance of her responding... Read more »
answered on Jun 21, 2021
If your father died without a Will and the "estranged" daughter is his biological daughter and you and she are the only children he ever had and he died unmarried, she gets half of his estate just like you. If you fail to mention her in paperwork you file you will be committing a fraud.... Read more »
REFERENCE NO. 0BC21-0475
AFFIDAVIT THAT LOST IT
THE LOWER PROBATE COURT RULED THAT THE WITNESS AFFIDAVIT WAS INCORRECT AND RULED THE WITNESS NOT RELIABLE. IT WAS ESTABLISHED THAT A NEW WITNESS AFFIDAVIT MUST BE SUBMITTED WITH THE OBJECTION. THAT BEING SAID HERE IS THE TIME LINE... Read more »
answered on Jun 10, 2021
What is your question? Why aren’t you asking your attorney? This forum is for questions of a general nature. You apparently have very specific circumstances. For that sort of thing the usual advice is to consult an attorney not a free legal forum. There is nobody better suited to answer your... Read more »
MY FRIEND AND HER SON AND DAUGHTER AND MOM LIVE IN THE FAMILY HOME. ON APRIL 29, HER DAUGHTER DIED AND ON THE 30TH HER MOTHER ABANDONED THE HOME. NOW HER MOTHER IS SENDING TEXT MESSAGES THAT SHE NEEDS TO MOVE OUT. SHE STILL HAS NO IDEA WHERE HER MOM IS. SHE PAID THE BILLS, CARED FOR THE PETS, YARD... Read more »
answered on Jun 10, 2021
I believe you might benefit from speaking to an estate planning attorney regarding this question.
Do the cousins have any claim on the intestate’s estate? Intestate residency is NV and cousins in NC and MD.
answered on May 26, 2021
The cousins have a claim if they are blood relatives which means that there is a common ancestor of the cousin and the deceased. I think under a strict definition of cousins, they are always blood relatives, but with divorces and blended families the term cousin may be used loosely.
I was told not to come to hearing unless i objected to the sale. I thought the house was to be sold to me so i didnt go. The house was sold to some one else. I had no representation at hearing to counter offer any offers at that time. I have signed contract, sent earnst money which was cashed then... Read more »
answered on May 16, 2021
The short answer to your question is: Likely not.
Sale of real property through the probate process subject to court confirmation is ALWAYS subject to overbid in the in-court auction. Your signed contract, despite the estate accepting your offer, is still considered an "offer"... Read more »
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 »
answered on Apr 9, 2021
Yes. Property that passes under a Will has to go through probate.
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 »
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 »
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 »
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.
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?
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 »
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 »
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 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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