Ask a Question

Get free answers to your Probate legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Nevada Probate Questions & Answers
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

1 Answer | Asked in Probate for Nevada on
Q: How much repayment will Medicaid want? Currently in probate.

No will. Paid for home & car and $50k in checking. No spouse, no children. 4 siblings none lived with the decised.

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

Nevada Medicaid will claim it is owed 100% of all money it provided on behalf of the Decedent during Decedent's life time. Under the facts you set out, Nevada Medicaid should win on its total claim.

1 Answer | Asked in Consumer Law, Real Estate Law and Probate for Nevada on
Q: Dad died, left behind small timeshare property before adding mom's name. How to exact transfer of deed to my mom?

The property is in the state of Nevada where community property law applies. What steps need to be taken to transfer ownership of deed to my mom? I understand no probate needed -- correct? Does filing an Affidavit of Death of Spouse Holding Community Property apply in this situation? How do we... View More

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

Sorry to disappoint, but since the timeshare in Nevada is considered real estate, the only procedure available is "Set Aside Without Administration." Most people will need a lawyer to do that. In addition to the fees and costs of the probate lawyer, the timeshare company may charge a... View More

1 Answer | Asked in Probate for Nevada on
Q: My mom passed away today. She left her home to my sister and me.

Does it still take 6 months to settle if she has no debt at all? I'm asking because I read creditors have that much time to contest. The house is valued at $240,000 in Sparks, NV.

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

Because the house is worth more than $100,000 and less than $300,000, a Summary Administration must be filed. That probate process will take 5-6 months. The house can be sold during the probate process but the distribution of the proceeds to you and your sister will require 5-6 months.

1 Answer | Asked in Patents (Intellectual Property) and Probate for Nevada on
Q: If my father got a patent on his invention and promised me money from it but has since passed away how would I go about

putting in my claim? Or can I even claim anything

Peter D. Mlynek
Peter D. Mlynek
answered on May 9, 2017

I am sorry that your father passed away.

To answer your question, first see how his will distributes his possessions, including his patent. A patent is a personal property, just as a boat or a stock certificate.

Second, if according to the will you are getting the patent, then...
View More

1 Answer | Asked in Probate for Nevada on
Q: Hello, Mother died, I'm her only child. Do I have to go in probate?
Kenneth V Zichi
Kenneth V Zichi
answered on Apr 3, 2017

Assuming there is no surviving spouse or anyone else of 'higher priority' to receive, then if there are assets in her name alone that you believe you should have, then yes, you need to probate so you can get those assets.

There are also situations where you would NOT want to...
View More

2 Answers | Asked in Probate for Nevada on
Q: Seven years ago my father (a widower) died without a will in Nevada. His estate was probated and all assets distributed.

Just this month, we discovered he had a small IRA ($4k) we were unaware of. The listed beneficiary on the IRA was his wife who had predeceased him. How can we handle this asset that was initially missed?

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 10, 2017

You can always reopen the probate estate, but there may be simpler ways to deal with such a small amount. I'd suggest consulting with a Nevada probate attorney to insure you can do this as inexpensively as possible! Don't try to 'do this yourself' as you can easily burn through... View More

View More Answers

1 Answer | Asked in Probate for Nevada on
Q: My ex-boyfriend is on the title to my home. He died 4 yrs ago...I need to get him off the title-

If I go to probate to get my ex-boyfriend off the title, is his minor child owed 25% the current assets of the home or the assets at the time of death?

Ben F Meek III
Ben F Meek III
answered on Jan 12, 2017

More information is needed. If you and he owned the property "as joint tenants with rights of survivorship and not as tenants in common", you may only need to complete and record an affidavit of termination of joint tenancy and attach the correct form of proof of your ex-boyfriend's... View More

1 Answer | Asked in Probate for Nevada on
Q: My father died in with a trust in place. I found a $10,000 savings account not in the trust and no beneficiary

The Bank, USAA, will not release the funds to me for disbursement without something from the State or County advising them that I am the person authorized for them to disburse to. What can I do short of entering this one account only into probate?

Jonathan Craig Reed
Jonathan Craig Reed
answered on Apr 16, 2016

If $10,000 is the only amount that is outside the trust, Google Probate Court, Clark County Nevada, and you will find a page with forms including an Affidavit of Entitlement (that should be good in any Nevada County) which you can use.

1 Answer | Asked in Probate for Nevada on
Q: Where will should be probated?

My dad lived in las vegas all of his life but the will was filed in court in Arkansas. Is this legal?

Jonathan Craig Reed
Jonathan Craig Reed
answered on Apr 16, 2016

I don't know all the facts but this may be helpful. Real estate must always be probated in the state where it exists. Other property must be probated in the state where the Decedent was a resident when he died. This means that sometimes there has to be a probate in more than one state. If a... View More

1 Answer | Asked in Real Estate Law and Probate for Nevada on
Q: Hello, I'm in Reno Nevada

My question is this. My mother and step father are legally separated, the house is only in my mothers name but my mother has passed away. My mother did not have a will however she expressed numerous times to our family that she wanted the house to be transferred into my name, but there is no... View More

Jonathan Craig Reed
Jonathan Craig Reed
answered on Apr 16, 2016

Courts generally are not interested in what wishes a person expressed. However if your mother died unmarried under the laws of intestate succession her property including her home would go to her children in a probate proceeding. If you wish to start a probate proceeding and your step father... View More

1 Answer | Asked in Probate for Nevada on
Q: I live in Az and after probate I have two real properties to put in my name. What does this entail and what is the cost?

Pima County

Jonathan Craig Reed
Jonathan Craig Reed
answered on Apr 16, 2016

I don't know what you mean by "after probate." If you mean what will it cost to probate two real properties in Nevada the answer is that the cost and complexity of the probate depends on the value of the properties and if it is uncontested or contested. It is really impossible to say... View More

1 Answer | Asked in Probate for Nevada on
Q: Mom died no will. no spouse,2 daughters.I live in her home, can I get the home in my name, no probate?

Only other debts deceased had was $3,000 medical bills from death. My sister will not contest putting the house in my name. House is worth $110,000, estimated, and $75,000 is still owed to bank.

Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 19, 2015

You will need to do a set aside probate proceeding if you pay off the medical bills or a summary probate proceeding if you want to try and avoid paying the medical bills.

1 Answer | Asked in Probate for Nevada on
Q: I would like to know what happens to an estate if there is no will and there is no next of kin that claims it?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 19, 2015

If the estate consists of financial account, they will be turned over to either the county or state treasurer. Eventually the state will claim the funds through the process of escheat. Then the next of kin will have five years to sue the state to get the money back. Before the escheat happens,... View More

1 Answer | Asked in Probate for Nevada on
Q: My dad died & there is no will. He owns property. He has 2 kids, plus a step son. How do I start probate? Am I entitled?

I live in CA but he lived in Nevada when he died. Two kids are biological and one is step kid from another marriage. Wife predeceased him.

Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 19, 2015

If there was no will and he left two biological adult children and a step son who he did NOT legally adopt, you and other biological child should share in the estate, unless the other biological child is a minor and the value of the estate is not more than $100,000 in which case the minor child has... View More

1 Answer | Asked in Probate for Nevada on
Q: My brother died intestate. I am the beneficiary of his IRA and group life ins. Is this part of probate?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 19, 2015

No. If a financial account such as an IRA or life ins. has a named beneficiary who is alive, the asset does NOT go thru probate and you may make your claim by submitting a death certificate to the institution holding the money.

1 Answer | Asked in Probate for Nevada on
Q: My biological father died in January in Pennsylvania. I am his illegitimate son. Today his probate notice appeared in

My biological father died in January in Pennsylvania. I am his illegitimate son. Today his probate notice appeared in his local newspaper. I called one of his sons and was informed that "the estate was settled months ago"

Does this sound right? His son seemed genuinely shocked... View More

Jonathan Craig Reed
Jonathan Craig Reed
answered on Dec 28, 2014

If your father had a valid will it was his right to refuse to provide for you. However, for a better answer you should get a copy of the will from the court and consult a Pennsylvania lawyer if the will was probated in Pennsylvania.

1 Answer | Asked in Probate for Nevada on
Q: My brother died intestate. The succession is my dad, sister and me. The split I think is 50-25-25.

Can my dad request not to get his split?

Jonathan Craig Reed
Jonathan Craig Reed
answered on Dec 28, 2014

If your brother died without children or a spouse and one parent (your dad) still alive, your dad would inherit it all. Yes, he can decline his inheritance in favor of you and your sister.

1 Answer | Asked in Probate for Nevada on
Q: My uncle died leaving his property to my dad (his brother) in his Last Will & Testament.

My uncle got married 7 years ago and had a son, but did not modify his Will. Does his property still go to my dad according to Mississippi law?

Jonathan Craig Reed
Jonathan Craig Reed
answered on Dec 28, 2014

Probably the reason no one answered this question is because it is listed on Nevada and almost all Nevada lawyer lack a Mississippi law license and therefore can't answer your question. Laws vary from state to state.

1 Answer | Asked in Probate for Nevada on
Q: My uncle died he owed more on his home than it was worth. If we let the bank foreclose can they sue or are

they entitled to the rest of the estate like cars, bank accounts and boat. He lived in Las Vegas, Nevada.

Jonathan Craig Reed
Jonathan Craig Reed
answered on Dec 28, 2014

Generally in Nevada a creditor of the estate can go after assets that other people got as a result of the death. So, for example, if you were the payable on death beneficiary of a $10,000 savings account, your liability would generally be limited to the $10,000 you got as a result of the death.... View More

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.