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Nevada Probate Questions & Answers
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 »

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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
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
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
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
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
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
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
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
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
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.

1 Answer | Asked in Probate for Nevada on
Q: Deed Upon Death

I have a Deed upon death, but not related. The deceased has personal property in the condo and Clark County has taken Action to secure personal property. Blood relatives not cooperative, how do I proceed as owner of real property to obtain title and remove personal property out of real property,... Read more »

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

Probably the Clark County Coroner has secured the condo to give the estate a reasonable time to remove personal possessions and look for things like bank statements and safety deposit keys. I think your first step would be to call the Coroner, explain your interest, and ask how long the Coroner... Read more »

1 Answer | Asked in Probate for Nevada on
Q: Mother passed away intestate, has a surviving spouse that has been put into a nursing facility. He has one daughter,

My mother has three children, we all live out of state. The deed to the home/property is in her husband (of 11 years) and his ex wife’s name. Property is not worth over 100,000. Do my siblings and I have any right to a portion this property sale?

Jonathan Craig Reed
Jonathan Craig Reed answered on Jul 4, 2019

I don't think so. This answer is based on Nevada law. There might be unusual circumstances that make for a different answer.

1 Answer | Asked in Probate for Nevada on
Q: SO if the vesting states JT or RS. Then ALL of the property of the deceased, goes to the surviving spouse?
Jonathan Craig Reed
Jonathan Craig Reed answered on Jul 2, 2019

If a particular item of real estate is owned by husband and wife and the vesting is JT or RS, then in the absence of unusual circumstances, such as claims of fraud or undue influence in changing the title, the surviving spouse should own that particular item of real estate, subject to whatever... Read more »

1 Answer | Asked in Probate for Nevada on
Q: Hypothetical. The step-father, dies. He has kids from first marriage. they are all over 30...

They don't really have a relationship, other than a phone call couple times a year, they live in Kansas. Is the surviving widow obligated, by law (in Nevada), to address any concerns from his children from first marriage? Even if the will is silent on the issue. Its about the residential... Read more »

Jonathan Craig Reed
Jonathan Craig Reed answered on Jun 30, 2019

If there is no Will, the law of who gets what without a Will (intestate succession) applies. This law does not take into account the nature of the relationship between the Decedent and any child or spouse. If there is no Will, and if the gross value of the estate is over $100,000, 1/3 goes to his... Read more »

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