Get free answers to your Probate legal questions from lawyers in your area.
I am the natural daughter and beneficiary of an irrevocable trust in Nevada. My parent, the maker of the living trust, recently passed away, and there are known creditors and debts, including a mortgage company that has been notified but requires the death certificate to proceed. There isn't a... View More 
answered on May 14, 2025
Under Nevada law you are liable for your parent's debts only to the dollar amount that you get as a result of the parent's death, whether it be through a trust, a will or payable on death account. You can publish a 90 Day Notice to Creditors and mail a copy of that Notice to any known... View More
My grandmother passed away in 2023. She had a life insurance policy with Ohama Liberty for $75,000, intended to benefit her grandchildren. I'm her granddaughter, and while my older sister was adopted by my grandparents, my mother only helped towards my grandmother's last days. I am unsure... View More
answered on Apr 10, 2025
A Nevada attorney could advise best, but your question remains open for two weeks. I'm sorry about the loss of your grandmother. It sounds like your grandmother took out a policy with Mutual of Omaha. If you're getting nowhere, one option, before spending money on attorneys, could be to... View More
I need administrator of estate paperwork for my father who passed away. I don't believe he had a will, and I'm unsure how to proceed with managing his estate or addressing any potential debts or assets. I need guidance on the legal steps to take.
answered on Feb 26, 2025
Good morning.
Firstly, sorry for your loss.
If your late father was a NV resident, you may have to open a Probate action here. Whether you will need to do this, or what type of Probate may be required depends upon the type/value of his assets. Clark County Probate Court website... View More
My grandmother recently passed away and myself and father are co-executors of her estate and trust. I live out of state and my father is trying to execute without acknowledging me as his co-executor and not being up front about what he is doing. I am Looking for an attorney to represent me as a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2025
It’s crucial to consult with an attorney to address this matter effectively. Being a co-executor gives you specific rights and responsibilities, and an attorney can ensure that your role is acknowledged and that the estate is managed properly according to the terms of the trust and state laws.... View More
This has been in court for five years with no activity for the past two. He received all the money from all my father's accounts years ago. It's hard to believe he has not distributed the money to his clients when years prior he spoke in court of his client having to wait too long to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2024
Under circumstances such as these, in which an opposing counsel is unreachable and the estate has been motionless for a protracted period, you can handle the matter in numerous ways. Every case is unique, hence it is imperative to see an attorney knowledgeable about probate law. Here are some... View More
My mother passed away with the majority of her assets distributed to heirs through beneficiaries, joint tenancy, etc. Leftover, there are a handful of checks made out to the estate of ____.
How do you actually go about cashing those checks with the affidavit?
answered on Feb 11, 2024
Likely the Affidavit will not be effective with banks, but you could try to ask if they would cash the checks. Try the bank you are currently work with. Or, send the affidavit to each of the issuers of the checks and them to re issue the check in your name. Depending upon the number of checks,... View More
in the will. I refused until he can give me confirmation that my sister will give me the items. Now the atty is threatening a hearing.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024
Don't sign anything before receiving your inheritance and understanding your rights. Seek legal advice from a separate probate attorney in Nevada. They can explain your rights, clarify the document and pressure tactics, and advise on next steps like requesting clarification, expressing... View More
answered on Jan 22, 2024
You should state the value of the estate. For real estate the value is what it would sell for--the Court accepts Zillow.com--minus the mortgage. The reason the value is important is because there are different probate procedures for different values estates. (If no real estate and value under... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2024
When a person passes away, their assets and liabilities become part of their estate. If your uncle's possessions are to go to his last surviving sibling, which is your mother, this should be outlined in his will or, if there is no will, according to state intestacy laws. However, spending... View More
He has 96k in a VA FIUCIARY account which in the fiduciary. He has 99k in an account which I am on, and 37k in a savings which I’m on. No spouse or other kids. I live in Henderson Nevada
answered on Jan 12, 2024
You don't say what state your father was a resident of. The state he was a resident of when he died determines which state law controls the distribution of his assets that are NOT real estate. The details of probate law vary from state to state. If I understand your questions correctly, there... View More
He has 96k in a VA FIUCIARY account which in the fiduciary. He has 99k in an account which I am on, and 37k in a savings which I’m on. No spouse or other kids. I live in Henderson Nevada
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2024
I'm sorry to hear about your father's passing. Dealing with financial matters after a loss can be challenging, but there are clear steps to follow in this situation. Since you are the only child and your mother has also passed away, you are likely the primary heir to your father's... View More
My brother is the Administrator in my parents estate in Nevada. He isn't including me in anything. I would like to file a special notice request but do not have a lawyer. How do I go about it?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 12, 2023
Filing a request for special notice in a Nevada probate case without a lawyer is feasible but requires careful navigation. Begin by gathering case information, such as the case number and jurisdiction, from your brother or the court clerk's office. Obtain the "Request for Special Notice... View More
My mother passed away in March 2025 without a will, executor, or any probate court proceedings. She didn't own property, and I am the sole beneficiary of her life insurance and retirement plan. I've only received the life insurance payout. She owed the IRS approximately $13,000 in income... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2025
You're generally not personally responsible for your mother's IRS debt or her other debts as her beneficiary. Life insurance proceeds that name you as the beneficiary typically pass outside of the estate and are protected from creditors, including the IRS. This means the life insurance... View More
My father's life insurance beneficiary paperwork is missing from his employer’s records (Washoe County School District), leaving no named beneficiary. He passed away suddenly on March 19, 2025. I'm not his biological or legally adopted daughter, but we had a close father-daughter... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2025
You are in a heartbreaking situation, especially given the bond you shared with your father. Even though you are not his biological or legally adopted daughter, that doesn’t mean you have no options. If there is no named beneficiary on the life insurance, the payout typically defaults to the... View More
My husband passed away two years ago on April 15th, 2023. We had been separated for quite some time but never filed separation papers, and we were married for 39 years at the time of his death. The executor named in his will failed to file the will in a timely manner, necessitating the hiring of an... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2025
I'm truly sorry you're facing this difficult and unjust situation. Based on Nevada law and the circumstances you've described, you likely have legal options—even if you are excluded from the will—especially since:
You were still legally married at the time of your... View More
The sentence is from a Last Will from Nevada (USA) and it reads "It is my intention to dispose of all property which I am entitled to dispose of by my Will." So does the person want to dispose by their Will of all property […] or does the person want to dispose of all their property... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2025
Your question does not make sense, as testators will usually dispose of all property owned at death. Powers over other non-estate assets might also be disposed of. Sometimes testators do die partially intestate, but all properties are still transferred either to the beneficiaries or the heirs.... View More
If I can show proof of conflict of interest with letters of admin in probate case, Along with discovery of property, how likely is it to be granted.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 20, 2025
It would be almost impossible anywhere. You might be better off searching the titles to real properties and see if you are an heir. I doubt any competent NV attorney would file it.
Let me say this… If an attorney of this caliber can be found… By protecting my children and my grandchildren for me, he will receive a fee that will be absolutely commensurate with what he will be ensuring... The future of at least four people at this time.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 12, 2024
If you're looking to find the most trustworthy, knowledgeable, and experienced litigation probate attorney in the state of Nevada, it's important to consider a few key factors. Start by researching attorneys who specialize in probate litigation, with a proven track record of successful... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 12, 2024
In Nevada probate summary administration, you may wish to file a motion to bypass a second hearing if certain conditions are met, such as all parties being in agreement, no objections being raised, and all required documentation being in order. This motion essentially asks the court to proceed... View More
This is in Nevada. I am his only child and my existence is not mentioned in his will. He has a trust that passes solely to his spouse. We were not on speaking terms so I can’t claim he was manipulated. Is this how family members are written out of wills or is this something that can be contested?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2024
Hire a NV attorney search the records and file an action, probably at least a Declaratory Judgment/Trust Construction action and a Will Contest. Otherwise forget about it.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
