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 
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
The first Q is whether the Will is valid. If it is an original Will, you must file it with the Clerk of Court. This has to be done by mail or over the counter so the clerk can see if it is an original. It cannot be e-filed. If it is not an original, then it is a complicated matter to get the court... 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
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 Feb 9, 2023
While there is no legal obligation to retain an attorney to close the guardianship, you are required to file a final account to terminate the guardianship. You should be aware that you cannot withdraw money from a guardianship account without a court order and these restrictions don't... 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
Aunt and uncle live there rent free because of health issues. I've heard my uncle wants to take it over. Where do I Start?
Any advise would be appreciated.
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answered on Jan 1, 2023
You probably own it as the sole heir. Hire an attorney to search the title, determine heirship, and possibly evict the relatives. If only a tenant in common, then partition may be in order.
I am an only child and my father wasn't married. My father was Muslim- I am not. I am female. My father told me about the bank accounts and investments and insurance policies he was leaving me. How do I get them when I'm in Nevada?
answered on Nov 19, 2022
An attorney familiar with Egyptian law will very likely provide a much better answer than I will. But just in case one does not leave an answer, maybe my answer will be a good start. In the US, the laws governing how property passes to heirs/descendants, depends upon residence of the deceased at... View More
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.
Washoe County, dad's house prior to meeting stepmom,. 3 adult step brothers and stepmom all move in, dad died, later stepmom died and 1 by 1 step brothers die. I am the daughter that grew up in that house long before dad meet these people. I was never notified of any deaths except my... View More
answered on Oct 6, 2022
I am so sorry to read what you father did to you. I suspect, but do not know for sure, you have no cause of action against the administrator. Other colleagues of mine may think differently. Here is what I think happened: Your father placed your step-mother on title as joint tenants with rights of... View More
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.... View 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,... View 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... View More
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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... View 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
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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.
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