Get free answers to your Probate legal questions from lawyers in your area.
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 
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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.
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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
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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
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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?
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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
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.
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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
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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?
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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.
Dad lived in California but owns property in Nevada. He died without a will was not married and I am his only child. I’m the administrator in California and don’t have a clue on where to start with Nevada. Can the order or letters of administration in California be filed in Nevada instead of... View More
answered on Nov 3, 2023
If your father owned real estate in Nevada, an ancillary Nevada probate must be opened. Real estate must always be probated in the state it is located in. If the Nevada property is bank accounts, then the California Letters will work.
decendent had a will outlining executor. Will is filed with clark county. Need to know how to start probate for estate estimated between $200-300K
answered on Oct 10, 2023
In short, if your are a DIYer, you will need to file an opening petition and notice of hearing on a petition. The Court Clerk will issue its version of a Notice of Hearing. You can get forms from Legal Services of Southern Nevada on the first floor of the Regional Justice Center in downtown Las... View More
Her and boyfriend are joint tenants on her other property both on deed. The other property is in my mom's name only and is paid in full and I live in the house .I have to file paperwork when she dies .What paperwork should I have ready in the State of Nevada?
answered on Aug 22, 2023
If your mother dies before her boyfriend, he will end up owning the property they hold in joint tenancy. If you are an only child and your mother dies without a will you will have to probate the house solely in her name but you will get it unless creditors have a claim. Even if she had willed the... View More
Are still waiting for the list and probate was filed feb 2022 do I have recourse? Lawyer has done nothing since
sept. 2922
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answered on Jun 8, 2023
I understand how frustrating it is not to obtain an update from your attorney. Communication with clients is essential in every matter, more particularly in probate matters where the clients are dealing with the loss of a loved one.
Since probate matters are regulated by the laws of every... View More
Divide all of his assets between the beneficiaries. My stepsister told my blood sister that they we’re getting a 2mil life insurance payoff and that they won’t be splitting it up as per the trust. Can she do that?
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answered on May 22, 2023
Your question is missing important facts. The life insurance must be paid according to the death beneficiary designation that the owner specified for the policy.
If the death beneficiary is the trust, then the proceeds must be distributed according to the terms of the trust. The trust... View More
He passed away in Nevada and she didn't even come down to help or offer support when he passed. I had to set up a go fund me to even have him cremated. I received court papers that state order granting permission for probate and it says that because no one objected that the court gave it to... View More
answered on Feb 9, 2023
When the ex-spouse filed the petition, she was supposed to identify any children and send copies of the petition specifically to avoid this type of situation so that you could object to the appointment. NRS 149.010 sets forth the basis for removal of a personal representative and if she was aware... View More
My brother became sick and he wrote me a check for $30000 i deposited it to my account but it was denied due to funds not being in checking so he transfered funds and wrote me another check i deposited it then he died the check was denied for an unknown reason my account was froze then closed due... View More
answered on Feb 9, 2023
Sorry to hear about the loss of your brother. In the event his estate consisted solely of the bank account and it was under $25,000, then you would be able to access the account through the use of Nevada's Small Estate Affidavit. Unfortunately, due to the amount involved, this will not be... View More
I have been my dad's guardian for over 10 years. I am also his heir. I have one sibling who isn't interested in the account. My dad didn't have a will. He only had a bank account that has a 100k balance. He has no debt and no other assets. I am trying to avoid attorney fees, etc.,... View More
answered on Jan 24, 2023
Appears your father died with a guardianship over his person and property. If so, final pleadings advising the guardianship court of his death. This will close out the guardianship. If your father died with the bank account you say no one else has an interest in the account, and you are not a pay... View More
Relatives are living there rent free because of health issues. I want to store my dad's belongings there and they are telling me there is no room. I've heard my uncle is going to try and get it. What can I do or where do I start? There is no will. Do I have any authority at all? Please help
answered on Jan 3, 2023
Firstly, sorry for your loss.
Based upon what you have said, the house and dad's other assets will become yours as an only child, however the assets will most likely have to go through probate to become yours. You should consult with an attorney soon regarding opening a probate action... View More
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