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Nevada Probate Questions & Answers
1 Answer | Asked in Probate for Nevada on
Q: if a person dies intestate how does the State of Nevada commence probate proceedings? what happens to the property?

A family member died intestate in Nevada. Family has gone into her apartment and has taken personal items such as furnishings, appliances, etc. Doesn't the state need to conduct probate proceedings before anyone takes anything? What will happen to the person who took the property?

Jonathan Craig Reed
Jonathan Craig Reed
answered on Dec 7, 2017

In most cases when a Nevada resident dies, with or without a Will, there is no state action taken until and unless someone file a probate action in the District Court. In a minority of cases when a person dies, the county coroner may search the person's residence and take for safe-keeping... View More

1 Answer | Asked in Probate for Nevada on
Q: Can I contest a will that been in probate since March.

I am a unadopted stepchild. My stepmother left me out of her will but she named all of her children in the will. Do I have any legal action against the will. Right now it is in accounting and final distribution stage.

Jonathan Craig Reed
Jonathan Craig Reed
answered on Dec 3, 2017

Based solely on the facts you have presented, I don't think you have a claim. It is a person's right when writing a Will to give the belongs and wealth to anyone they want. Parents have no obligation to leave any of their children anything. I do not believe that there is any presumption... View More

2 Answers | Asked in Probate for Nevada on
Q: How long a period after a death may a will be presented in Nevada?

A dear old friend passed away in Sparks NV 7/19/17 2017. I live in Cupertino, 95014 CA. I was notified of her death by a letter from her insurance company dated August 29 and received by me about September 5, 2017. I found a 20 year old will of her's a week or so ago. I have no idea what or... View More

Delwyn E. Webber
Delwyn E. Webber
answered on Nov 17, 2017

Firstly, sorry for the loss of your dear friend.

The answer to your question depends upon the answers to some missing facts.

Are you aware whether your friend had assets in Sparks (ie: a house, car, bank accounts)? If so, those assets may need to go through Probate. As the Will...
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1 Answer | Asked in Probate for Nevada on
Q: How long must a will be presented after someone's death?I would appreciate any information you can give me.Thank you

A dear old friend passed away in Sparks NV July 7th 2017. I live in Cupertino, 95014 CA. I was notified of her death by a letter from her insurance company dated August 29 and received by me about September 5., 2017. I found a 20 year old will of hers a week or so ago. I am 79 years old and have... View More

Bruce Adrian Last
Bruce Adrian Last
answered on Nov 16, 2017

Dear Cupertino, CA:

You mentioned that your friend passed away in Sparks, Nevada. If your friend was living in Nevada, you should re-post your question in the Nevada forum. (Unless she also owned property in California, a bit on that later.)

The laws that govern how a descent's...
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2 Answers | Asked in Probate for Nevada on
Q: My father never removed his deceased mother from the joint account prior to his death.

Father passed away in Nevada with a total estate worth $71,000. All of this money is held in joint savings account with his mother. This savings account was opened in 2015. His mother passed away in Florida on 3/23/17. My father never removed her from the account prior to his passing in Nevada on... View More

Jonathan Craig Reed
Jonathan Craig Reed
answered on Nov 15, 2017

Upon your grandmother's death, the account became owned 100% by your father. If your father never put anyone else on the account and did not name a payable on death beneficiary, then the account will have to probated as property belonging entirely to your father.

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1 Answer | Asked in Probate for Nevada on
Q: My mom passed away a year ago in Nevada without a will. Her husband refuses to speak to us regarding personal property.

She made a deathbed declaration including money to be given to us that he refuses to honor in spite of 8 witnesses. I know it doesn’t hold up legally but we are entitled to 2/3 of her property however. How do we get a claim for her things?

Bill Sweeney
Bill Sweeney
answered on Nov 11, 2017

If your mother was domiciled in Nevada at the time of her death Nevada law will likely apply to her intangible and tangible personal property. You should consult with a Nevada attorney of your choice.

1 Answer | Asked in Probate for Nevada on
Q: My deceased husband owned a house in Greece with 3 siblings and his mother. The house was an inheritance from his father

As surviving spouse, can I do the Affidavit of Entitlement, because my deceased husband had no other assets except 2 cars he owned outright? Greek lawyer needs POA from me because his half brother is buying out the property from the other family members. The property is not under NV jurisdiction.... View More

Jonathan Craig Reed
Jonathan Craig Reed
answered on Oct 19, 2017

If your Husband was a NV resident and his only property other than his interest in the Greek real estate, and if 2 cars are worth less than $25,000 together, then, yes, you can do an affidavit of entitlement. The $25,000 cut-off applies to his NV probate estate, not his interest in Greek real... View More

1 Answer | Asked in Probate for Nevada on
Q: Hi, My brother just passed away in Nevada. I am in Hawaii. How do I get his estate through probate? Thanks.
Jonathan Craig Reed
Jonathan Craig Reed
answered on Oct 12, 2017

Here are rule for where stuff has to be probated:

1) all real estate is probated in the state where the real estate is located

2) everything else is probated in the state where the Decedent was a resident at the time of death.

Not everything has to go thru probate:...
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1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: What if bank released deceased person's bank account funds to wrong person without proper court order?

Bank released funds to daughter without proper court order. Funds did not belong to the deceased, they were deposited after Mother's death. Money has to be returned, daughter being sued by pension fund. Bank should have known. Never gave daughter a statement, or put funds into blocked account.... View More

Jonathan Craig Reed
Jonathan Craig Reed
answered on Oct 4, 2017

If the account was payable on death to daughter the ordinary procedure would be for the bank to release the funds upon being shown mother's death certificate. The bank should have exercised caution with respect to funds deposited after the mother's death. However, the daughter is unlikely... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Nevada on
Q: Where do I get forms for a trustee declination to serve and appointment of successor trustee by resigning trustee?

Will left everything to trust. Named co-Trustees have failed to act within the 30 day time period (after death). Neither wants to serve. Need forms to effectuate my appointment as Trustee.

Delwyn E. Webber
Delwyn E. Webber
answered on Sep 13, 2017

What I typically see is a "Declination" prepared by and signed by the resigning Trustee(s) just stating that they acknowledge they were nominated to serve as Trustees of the "Name" Trust, however they decline to accept that appointment. The form could include language stating... View More

1 Answer | Asked in Probate and Real Estate Law for Nevada on
Q: I inherited a piece of land in Elko NV from my deceased father in 2015. How do I get the deed/title put in my name?
Bill Sweeney
Bill Sweeney
answered on Aug 8, 2017

Whether you father died in a state other than Nevada or your father died as a domiciled resident of Nevada you need to contact a probate attorney in the State of Nevada for advice. Each state has control over real property located in the state where the real property is located..

1 Answer | Asked in Probate for Nevada on
Q: I am Trustee/exec for NV deceased. LV condo is titled to Trust, Am I allowed to use Estate w/o probate for DMV?

- The vehicle was titled only in the decedents name, not in the Trust.

- His surviving spouse wants to sell the car (the spouse does not live in the US).

- The car was purchased during marriage so is Community Property.

- I have a process detailed from DMV that will... View More

Ben F Meek III
Ben F Meek III
answered on Aug 3, 2017

Any assets that are owned by the trust are not owned by the decedent himself and are not part of his probate estate. Only property in which he had some ownership interest when he died. And if the Trust owns the condo, the trustee must do with the condo as the Trust document provides. Thus according... View More

1 Answer | Asked in Probate for Nevada on
Q: Degree of kindred state of nv Order of succession in case of sister intestate with no children or spouse

Civil law part 300: 107:1941;1931ncl 9882.300

Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 2, 2017

If your sister's parent were alive when she died, the estate goes to them. If only one parent was alive when your sister died, the estate goes to the single parent who was alive when she died. If both her parents predeceased her, her estate will be divided evenly among all of her siblings. If... View More

1 Answer | Asked in Probate for Nevada on
Q: Which county would I obtain probate in? The one where my father passed or where I live?

He has money in a Direct Express account. He passed 8 months ago with no will and I'm his only child with no wife. I live in Reno, NV and he passed in Las Vegas, NV.

Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 2, 2017

For personal property the probate must take place in the state where he was a resident. The court will look at the death certificate to see which state was his residence state at the time of death.

2 Answers | Asked in Probate for Nevada on
Q: Does an Executor need to file a public notice to creditors when a deceased person's liabilities are more than assets?
Kenneth V Zichi
Kenneth V Zichi
answered on Jul 15, 2017

In most cases yes, but WHY would someone other than a creditor file to become executor if there were more debts than assets? You need to consult with a local probate attorney to insure you do this properly and ideally BEFORE you file anything with a court to insure you don't do anything you... View More

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2 Answers | Asked in Probate for Nevada on
Q: If I request medical records through probate courT will creditors come after me and my family?
Kenneth V Zichi
Kenneth V Zichi
answered on Jul 9, 2017

If you haven't personally signed to be responsible for such bills, no, there is no theory that would allow them to 'go after' you (for anything more than the cost of providing the records) because you ask for medical records. You DO need to insure you ask for the records in the... View More

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1 Answer | Asked in Probate for Nevada on
Q: MY Mom passed and had a lawsuit going against the mesh co, so they want me to send probate paperwork

to claim her settlement! How do I go about this?I'm in Las Vegas, NV. Thank you!

Jonathan Craig Reed
Jonathan Craig Reed
answered on Jun 20, 2017

There are two possibilities. Either your Mom's estate needs to be probated even w/o considering the lawsuit in which case the lawyer you hire to probate the estate will know how to respond. However, if there would be no need to do a probate except for your Mom's lawsuit, then a probate... View More

1 Answer | Asked in Probate for Nevada on
Q: What is the difference between summary and general administration?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Jun 9, 2017

Summary Administration can be used for estates whose value is no greater than $300,000. If the value is more than $300,000 General Administration is required. For General Administration it is always required that a notice of the initial hearing be published whereas for Summary Administration that... View More

1 Answer | Asked in Probate for Nevada on
Q: Mother passed, bank account for just under 10,000 was outside of the trust. The bank refuses affidavit of entitlement.

Bank stated 'need court docs to disburse her account'. What documents and what do I need to do? I live in Arizona, decedent lived in NV

Jonathan Craig Reed
Jonathan Craig Reed
answered on Jun 3, 2017

The bank is wrong. You may need to hire a lawyer to write a letter to the bank.

1 Answer | Asked in Probate for Nevada on
Q: Mother passed. If the only child, is probate needed in Las Vegas, NV?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Jun 3, 2017

Yes, unless the estate is no more than $25,000 and there is no real estate in it

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