Get free answers to your Probate legal questions from lawyers in your area.
Stepmother/Father bought house together three years ago in vegas and she may have been his beneficiary for his 401k but we would like to see the will because he previously told me we were mentioned in it for when she dies.
Haven't seen online any filing of the will with the courts or... View More 
answered on Jan 2, 2019
Firstly, sorry for your loss.
NRS 136.050 provides as follows:
1. Any person having possession of a will shall, within 30 days after knowledge of the death of the person who executed the will, deliver it to the clerk of the district court which has jurisdiction of the case or to... View More
All other assets jointly owned and property less mortgage is under$ 100,000
answered on Dec 26, 2018
The mortgage company may have a right to call the mortgage as the original owner is no longer the owner. However, the estate does qualify for a set-aside in Nevada based on the facts you have provided. You have a legal right to try to do this yourself, but most people will need to hire a lawyer. If... View More
answered on Dec 22, 2018
Our firm does uncontested probates at discounted rates through out Nevada if the are Set Asides, Summary Administration or General Administration. These terms are explained on our website, probatenevada.net
If the probate is contested (because family members are fighting) you want to... View More
I understand that the estate would have to go through probate and that an attorney is advisable. How is it that research firms get involved? Are they assigned by the County or State, or do they pursue heirs based on their research of County death records for their own interests? Do you advise the... View More
answered on Dec 5, 2018
If you can determine where the asset is w/o a "research firm" you don't need to pay them. The Las Vegas (Clark County) probate judge does not approve of fees over 10% to a research firm. You can Google around until you get to the State Treasurer's unclaimed property website.... View More
Given tight timeframe to file Will with the Court, is there a formal process or can executor attend with original will personally and submit it to clerk without formality.
answered on Sep 25, 2018
The Clerk's office will be happy to take an original will from you if you advise that the person who wrote the will has died and simply hand it to them along with the filing fee. In Clark County (home to Las Vegas) the filing fee is $18. However, they will not accept a copy for filing.
answered on Sep 13, 2018
Provided that the home is held in joint tenancy and ditto for other assets, you own everything without probate. Your phrase "jointly held" can be tricky. Unless the deed to the home contains the words, "joint tenancy" or "with right of survivorship" half of the home... View More
Do I need a lawyer (the timeshare is only valued at $1500)? Is set-aside without administration in addition to filing of probate for the timeshare in Nevada or is this the probate filing and title and is it the only step needed to file?
answered on Aug 14, 2018
When I have clients that need advice on Nevada probate law, I typically refer them to Russell Bowler, an attorney at Bowler Dixon & Twitchell.
he was not married and has another child.i have lived in the house for the past 5+ years and paid the bills. it recently caught fire and had no insurance
answered on Jul 12, 2018
Firstly, sorry for your loss.
If he left no Will, he died 'intestate'. To transfer the property, it must first go through the probate process, and from what you have said, you and your father's other child are the heirs to the estate under the NV Statute. Please be aware... View More
If a person owns property in two states, which one has jurisdiction over intestate investment accounts
answered on Jul 10, 2018
Investments are considered "personal property" as contrasted with real estate or "real property." All personal property, wherever located, should be probated--if probate is necessary--in the state the Decedent was a resident of when he died. For this reason probate courts look... View More
I inherited these Timeshares and was told the only way to get rid of them is to have them Probated through a Nevada Court. The original owner was never a resident of Nevada. The timeshare Main Office is in Florida. The Will states that I inherit any Real Property. To my understanding that is... View More
answered on Jul 9, 2018
Unfortunately, Nevada takes the position that the timeshares are real property (real estate) not personal property. The deed probably has an Assessor's Parcel Number on it and was recorded as a deed. Nevada does not have a simple affidavit procedure for the transfer of real estate below a... View More
There is less than $70,000 in equity if we sell the home and payoff reverse mtge, no other assets - household items all to be donated to a local charity. I am the executor of the trust. Based on above information do I need to probate her estate?
answered on Jun 23, 2018
If the house is titled in the name of the trust, you (technically the Successor Trustee rather than Executor) may sell the house (or transfer it according to what the trust says) without going through probate. Based on your question, I see no need to spend money on probate. Congratulations to your... View More
told many people including his CPA of 15 yrs that he didn't want his stuff going to family he disowned 30 yrs prior. Roommate is listed as beneficiary on at least one bank account. Can he and friends contest the probated estate going to his family? Roommate has also been locked out of the... View More
answered on Feb 6, 2018
As to property with a payable on death beneficiary, that property will go to the payable on death beneficiary. As to all other property it will go the closest relative(s) who are related by blood. The Decedent could have disowned his family in a properly executed Will but in the absence of a Will,... View More
The beneficiary wants to sell the home at less than appraisal.
answered on Jan 29, 2018
In Nevada if the personal representative is appointed with Full Authority Under the Independent Administration of Estates Act, the personal rep sets the sales price and give notice to all beneficiaries. If anyone objects, then the following procedure is used which is also used if the personal rep.... View More
Mother passed in Fernley, NV almost a year ago. Father passed prior to. House was to be sold and divided evenly between children (4,all adult). One of the siblings is buying house at fair market value ($69,000). All are in agreement.
answered on Jan 28, 2018
Yes, it has to go thru probate. The Set-Aside proceeding can be used since the amount is under $100,000. If house was held in joint tenancy by both parents, there will also have to be an Affidavit of Death of Joint Tenant filed saying that when Dad passed, Mom became the 100% owner. Then Mom's... View More
My sister-in-law died a few months ago with a trust dated 2011. We found, in her bedroom, a hand-written will, dated(2017) and signed, that conflicts with the trust.
In the body of the will, the wording "If I die today I will all my belongings to go to ******* my sister *****... View More
answered on Jan 18, 2018
Ahhh the REAL reason people should not do DIY estate plans. ASSUMING Nevada recognizes holographic wills (Talk to a local attorney about that one) and FURTHER assuming this meets the requirements of such under Nevada law (again, consult a local attorney) the language is as you note a bit ambiguous.... View More
The will and trust were attorney prepared. Scott trade is dragging up about giving up the cash in that account; all stocks were sold and that is the only asset not in the trust. Dad is in hospice in a coma and may die at any time. My sister has poa over all finances and all other banks gave the... View More
answered on Jan 10, 2018
That is two different questions. 1) without seeing the trust paperwork on what is to be done at death with the assets in the trust, it is impossible to know what distributions will be allowed.
2) What 'additional' paperwork is Scott Trade looking for? Are they objection to... View More
Am I responsible for any liens in his name on the property, since it was set aside?
answered on Jan 10, 2018
Yes, you take the property subject to all liens and mortgages.
One of his sisters advised me to find out if my name is on any of his accounts, policies, and to start going thru my receipts. The sister that gave me the advice was the one I thought he had listed at his current beneficiary. He did not have a WILL. We had separate bank accounts, 401k, profit... View More
answered on Jan 9, 2018
The only easy step you can take is to get a copies of his death certificate and with those contact any financial institution where you believe you might be the beneficiary. Say that you understand that you are a payable on death beneficiary on the account. If you are, the institution should give... View More
My dad has a very clear will & everything was left to me. But there is a balance on the property, that I will be paying off as soon as I know I’m within the law to do so.
answered on Jan 5, 2018
Because the house was in his sole name the Will giving it to you can only be given effect through the probate process. (This assumes he was unmarried when he died, because if he was married, the wife might have rights to the house depending on the total fact situation.)
The house will have... View More
Everything is free and clear
answered on Jan 5, 2018
This is a hard Q to answer because I don't know the facts. For example, were there any assets of your husband solely in his name. That would require a probate. On the other hand if all assets were jointly owned, no probate would be required.
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.
