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Nevada Probate Questions & Answers
1 Answer | Asked in Probate for Nevada on
Q: My uncle recently passed I am the only living next of kin, how do I find out if he had a will.

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.

Jonathan Craig Reed
Jonathan Craig Reed
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 »

2 Answers | Asked in Estate Planning and Probate for Nevada on
Q: In Nevada, if quitclaim deed (adding spouse) does not specify JTWROS, is it assumed right of survivorship?

Spouse dies, does deed transfer upon presentation of death certificate?

Delwyn E. Webber
Delwyn E. Webber
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.

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1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: In Nevada, when determining the estate value, does that include the house that is going to surviving spouse?

Deed was joint with right of survivorship

Kirk Kaplan
Kirk Kaplan
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.

1 Answer | Asked in Probate for Nevada on
Q: My wifes xhusband passed. He has 2 minor children. Who gets his estate? His parents are trying to take it from them.
Dara Joy Goldsmith
Dara Joy Goldsmith
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 »

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: A men and a woman, who are husband and wife, start a family trust. naming the womans two sons as sole beneficiarys ,

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 »

Nina Whitehurst
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Nina Whitehurst
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...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Nevada on
Q: My mom has a revocable living trust. I am her only son. I am the successor trustee and beneficiary.

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

Nina Whitehurst
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Nina Whitehurst
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.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Nevada on
Q: Living in family owned home father died.

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.

Bonnie M Lonardo
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Bonnie M Lonardo
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.

1 Answer | Asked in Family Law and Probate for Nevada on
Q: Me and brother are the last surviving children my mother has 3 grandkids from my sister and brother that has past do my

Nephew n niece have any rights to the house n assets we have no will

Dara Joy Goldsmith
Dara Joy Goldsmith
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 »

1 Answer | Asked in Probate for Nevada on
Q: if i started a case rep myself then got and attorney and then the attorney fell of . can i file documents myself again

a document he provided for signature. my i file that myself since hes mia

Dara Joy Goldsmith
Dara Joy Goldsmith
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.

2 Answers | Asked in Probate for Nevada on
Q: My father died in Las Vegas without a will. I have a estranged half sister. Does the court automatically give her half?

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 »

Jonathan Craig Reed
Jonathan Craig Reed
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 »

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1 Answer | Asked in Probate for Nevada on
Q: PLEASE ADVISE

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 »

Nina Whitehurst
PREMIUM
Nina Whitehurst
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 »

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: HOW CAN MY GIRLFRIEND STOP HER MOM FROM KICKING HER OUT OF THE FAMILY HOME

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 »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Jun 10, 2021

I believe you might benefit from speaking to an estate planning attorney regarding this question.

2 Answers | Asked in Probate for Nevada on
Q: Intestate, spouse deceased, without living parents or siblings, natural, half or adopted, but surviving 1st cousins?

Do the cousins have any claim on the intestate’s estate? Intestate residency is NV and cousins in NC and MD.

Jonathan Craig Reed
Jonathan Craig Reed
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.

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2 Answers | Asked in Contracts, Probate and Real Estate Law for Nevada on
Q: I was in contract to purchase a house in probate. The house was sold to some one else in court. I had no representation.

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 »

Kirk Kaplan
Kirk Kaplan
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 »

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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
PREMIUM
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
PREMIUM
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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