Get free answers to your Probate legal questions from lawyers in your area.
answered on Jun 3, 2017
Yes, unless the estate is no more than $25,000 and there is no real estate in it
No will. Paid for home & car and $50k in checking. No spouse, no children. 4 siblings none lived with the decised.
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.
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
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
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.
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.
putting in my claim? Or can I even claim anything
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
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
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?
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
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?
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
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?
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.
My dad lived in las vegas all of his life but the will was filed in court in Arkansas. Is this legal?
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
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
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
Pima County
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
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.
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.
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
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.
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
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.
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
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.
Can my dad request not to get his split?
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.
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?
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.
they entitled to the rest of the estate like cars, bank accounts and boat. He lived in Las Vegas, Nevada.
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
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