Lawyers, Answer Questions  & Get Points Log In
Nevada Probate Questions & Answers
1 Answer | Asked in Probate for Nevada on
Q: What can I do if my Dad's newest wife from year 2016, contests my Dad's holographic will made in year 2014 in Nevada?
Dara Joy Goldsmith
Dara Joy Goldsmith
answered on Jan 8, 2021

Pursuant to Nevada law, since the Will predates the marriage, she is entitled to receive all community property AND 1/2 or or 1/3 of the separate property, depending upon how many children he has. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be... Read more »

1 Answer | Asked in Probate for Nevada on
Q: Is a Nevada DEED UPON DEATH document still required to go through Probate?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Dec 18, 2020

The Deed Upon Death was designed by the Nevada legislature to function like a payable on death bank account. The Deed Upon Death has to be filed with the County Recorder prior to the death of the grantor and then upon the death of the grantor, the grantee files an Affidavit of Death of Grantor... Read more »

2 Answers | Asked in Estate Planning and Probate for Nevada on
Q: My dad owned a business, he passed and there's a questionable will.

The second my dad died, my aunt started asking about a will. My mom, my dads accountant and my aunt agreed to meet in the morning and go through my dad's office together. The next day at 7am my aunt was already at the office tearing it apart in search of a will.

My aunt ended up... Read more »

Steven J. Fromm
Steven J. Fromm
answered on Nov 15, 2020

If you suspect foul play then you need to immediately retain an estate litigation attorney to discuss all details of this case. The other thing you should do is check with the attorney that wrote the old will to see if he updated it. If that yields nothing, then see if you can determine who his... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: My mother was recently murdered she owned a house in Las Vegas, Nevada. She had no will. And I live in California

Since I live out state how do I petition the state for her house property?

Jonathan Craig Reed
Jonathan Craig Reed
answered on Nov 2, 2020

You will need to hire a Nevada lawyer to probate her estate. If she was married and her spouse was not the murderer there would be a split of her estate between her children and spouse unless her estate is less than $100,000 in which case it would probably all go to her spouse. If she was unmarried... Read more »

1 Answer | Asked in Probate for Nevada on
Q: Sister died with no will, divorced & deceased husband, no children, no real estate, small savings & credit card debt.

My sister passed away in Reno late June. She was divorced 18 years ago & ex is now deceased , no children, no will & a very small estate. Her bank account is less than $5,000, no safe deposit box, no real estate (she lived in an apartment with no valuables) & credit card debt of about... Read more »

Kirk Kaplan
Kirk Kaplan
answered on Aug 12, 2020

The Affidavit of Small Estates should work. First, you do not file the Affidavit of Entitlement. You, not your wife, should create the Affidavit of Entitlement and present the same to the applicable bank along with a certified copy of the death certificate and identification. The bank should... Read more »

1 Answer | Asked in Contracts, Estate Planning and Probate for Nevada on
Q: My wife's uncle is embezzling funds from a trust. He wants to have her sign a new trust.

My wife's uncle is embezzling funds from a trust. He wants to have her sign a new trust. In the original trust, A, he has full discretion over funds. In trust fund B, he does not. He wants to merge trust fund B into trust fund A, so he can steal it.

What I'm curious about is... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jul 31, 2020

You should contact an attorney familiar with trusts and estates that can review the two trusts you make reference to and provide legal guidance. You don't mention the type of trust (revocable, irrevocable, etc.), and you mentioned the merging of the trusts and dissolution (of I guess trust B).... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Probate for Nevada on
Q: My father is ill and may not live very long.

He is not lucid. Is there a way for my mother (they are married) to get durable power of attorney over him or is there another option? She is looking to refinance her home at a lower interest rate so that she can afford to stay there after he passes.

Delwyn E. Webber
Delwyn E. Webber
answered on Jun 12, 2020

Unfortunately as your father is not lucid, he cannot sign a Power of Attorney. Your mom would have to get a guardianship over him through the Court. This all takes time and expense and the Court would have to consent to refinancing the house.

After your dad passes your mom should be able...
Read more »

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: What is the difference between being an interested person in a trust and a non interested person.
Tiffany Ballenger Floyd
Tiffany Ballenger Floyd
answered on May 30, 2020

Interested "person" may be the grantor (creator) of the trust, a trustee and/or a beneficiary. Interested "trustee"- The term Interested Trustee means a Trustee who:

is a transferor or beneficiary;

is related or subordinate to a transferor or beneficiary;...
Read more »

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: Hi, when opening probate and signing POA over to probate attorney in Nevada do I need to revoke it?

I have an order to set aside estate without administration $100,000 and I never put the property in my name or bank account. Do I need to cancel the Power of Attorney? Then send Demand letter to bank? Or to probate lawyer after I revoke?

Also, There was deed assignment to Us Bank as Trustee... Read more »

Delwyn E. Webber
Delwyn E. Webber
answered on May 8, 2020

I assume you signed a 'limited' power of attorney to enable the attorney to file the Set Aside. A Certified Court Order will allow you to transfer the bank accounts etc into your name so you should provide that to the Bank. If by 'property' you mean real estate, that you will... Read more »

2 Answers | Asked in Probate for Nevada on
Q: My husband passed away in June 2019. His cousin passed 27 hours prior and named him as a beneficiary of her trust.

My husband and I have pour over wills as part of our trust. What steps are needed to recieve his inheritance? Do I have to open a probate case as executor of his will? This inheritance will be over $150,000.00

Jonathan Craig Reed
Jonathan Craig Reed
answered on Mar 31, 2020

Some Trusts and Wills provide that a beneficiary must survive the writer of the Trust or Will by a certain number of days to receive the inheritance. However, if the cousin's trust lacks such a provision, your husband's gift under the cousin's trust goes to his estate. The successor... Read more »

View More Answers

1 Answer | Asked in Probate for Nevada on
Q: Do I need a lawyer if my Veteran ex husband died without a will and my son and I were receiving benefits from him?

My son was receiving child support and health/dental insurance, I was receiving part of his military retirement (community property). He had arrears for child support as well. He was remarried but his widow refuses to talk to me. We are in Nevada and I received a call from the child support office... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 28, 2020

You can make a claim against his estate for the past due child support. A probate attorney can help you with this.

The share of his retirement pay probably ended when he died, unless it was a joint and survivor annuity. More information is needed in order to sort that out. The attorney...
Read more »

1 Answer | Asked in Small Claims and Probate for Nevada on
Q: what are my rights to protect my kids, myself, my home from being harassed by my fiancées ex-wife and his mother?

My fiancée passed away Dec 1st. It was all over the news. Not even 12 hours of his death and his ex-wife, his mother and sister started threatening and harassing me. They are threatening to break into my home for his belongings so they can sell it and make a profit. They sure act like this man was... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 9, 2020

I am truly sorry for your loss. What you are going through is tragic, and it is a terrible example of failure to plan, because I have to assume that your fiancee' did not have a will. If he had a will, it would have named you to receive everything if he died, of course, and nobody would be... Read more »

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: My uncle recently passed. He has 2 living siblings,one deceased brother am I able to petition to be apart of the estate?

My cousin just petitioned on behalf of his deceased father(5yrs passed), even though he hasn't seen or spoken to my recently deceased uncle in years. Even though my mother is alive can I also petition to get a portion of my uncle's estate?

My uncle had written off everyone in the... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Dec 24, 2019

If your uncle was not survived by a wife or patents or children and no valid will then chances are his estate will be divided into one share for each sibling with children of siblings inheriting in the place of deceased siblings. With your mother (who I assume is his sibling) still alive, she would... Read more »

1 Answer | Asked in Probate for Nevada on
Q: Whose estate/ probate laws would apply for a DE resident who died and left a $40,000 checking account in a NJ bank ?

Should a "short certificate" issued by a Delware probate court be sufficient to claim the account ? The Will is being filed in DE and will go through probate in DE.

Jonathan Craig Reed
Jonathan Craig Reed
answered on Dec 9, 2019

As a general rule throughout the United States, what is known as personal property (such as bank accounts) are probated in the state the Decedent was a resident regardless of which they the personal property is located in. So, yes, the Delaware probate court has jurisdiction of the NJ bank account... Read more »

1 Answer | Asked in Probate for Nevada on
Q: Husband died in May. Estate is in probate. I paid his car loan off and sold the car. Do I get my money invested back?

I am Administrator of his estate. Lawyer says car money will be split with husband's two children and myself. Do I get money back that I invested into his vehicle before splitting funds with kids?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Nov 23, 2019

You should discuss this with your probate attorney.

1 Answer | Asked in Probate for Nevada on
Q: My sister has sold my deceased mothers house and is excluding me in probate and won’t give my share what can I do
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Oct 19, 2019

Much more information is needed to give you any advice on this. For the best results you should schedule an appointment with a probate lawyer in the vicinity of where the probate of your mother's estate is being handled.

1 Answer | Asked in Probate for Nevada on
Q: My dad allowed my friend and her husband&daughter to stay in his house and now they refuse to leave

After my mother just recently passed away in May 2019..My dad being nice and trying to help my friend said that she,her husband and 17yr.old daughter could stay in his house for a week or so til they find a place due to them having just been evicted..They do not pay rent ,there is no lease... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Sep 27, 2019

I am sorry to hear about what your dad is going through. Sadly, your dad is going to have to hire a lawyer to help him with an eviction lawsuit. He could try calling the Sheriff to oust them as trespassers, but most Sheriffs won't do it if it "looks" like they "live" there.

1 Answer | Asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Nevada on
Q: My dad died and nobody contacted me to inform me of his death. I just found out that my aunt had moved in after he died

And now is selling all his stuff. There is no will, im an only child and he was never married so I should be in charge of his property, belongings, etc. yet the cops won't help me cuz of "squatters rights". I live in ID so it makes it difficult. I can't afford an attorney what am I supposed to do?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Sep 15, 2019

Hire a probate attorney near where your dad lived. The estate pays the legal fees.

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: My mom and deceased stepfather has a living trust in Clark County. How do I remove my stepfather's name from the trust?

My mom wants to do remove his name and do a Deed Upon Death naming me as the grantee of the house they own.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Sep 13, 2019

In most states a deceased trustee is removed from title by recording an Affidavit of Death of Trustee. However, that does not guarantee that your mother has the authority to do what she is proposing. The only way to determine whether she can do that would be to review the trust, and even if the... Read more »

1 Answer | Asked in Probate and Estate Planning for Nevada on
Q: My father passed with out a spouse i'm an only child who doesn't get along with his mother and sisters. They are trying

To take Everything. They have taken over planning the funeral. They're Ordering a bunch of death certificates. I was told there is no will. I was told i'm the closest next of kin.

Who has the most rights to take over his property and how do i stop them? How do i assert my rights... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Aug 17, 2019

Hire a local probate attorney to help you petition the court to be appointed executor of your father’s estate.

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.