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 »
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.
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 »
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.
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?
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 »
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 »
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 »
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?
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 »
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 home.... Read more »
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 »
NS means that when the owner dies the property must be probated. If there are 2 or more owners, such as husband and wife, if one of them dies his or her share must be probated. To avoid probate when one of two owners dies the vesting should read either JT for joint tenant or RS for right of...Read more »
Son are co trustees of a “trust”. Up until 1/2019, we assumed it to be truth. I checked, and executrix never filed the will. I am in the state of Nevada. So I filed for probate and have an open case. Should executrix be in gross violations?
Nevada law requires that a person in possession of the original copy of a Will should file it with the court in the Decedent's county of residence within 30 days of the death. However, if all assets of the Decedent will pass outside the Will (because they are in a trust or because they are in...Read more »
There is nothing wrong with a Nevada licensed lawyer asking a probate question on this forum but if you are not a Nevada licensed lawyer you are practicing law without a license in Nevada if you have a Nevada probate client.
If a valid Will makes a gift to a person, unless the Court is...Read more »
I don't think it looks good unless you can get his intestate heirs (the people who would inherit in the absence of a will) to agree that you may have the property. Then you could do a probate with the intestate heirs doing what is called a Re-Assignment to you. Maybe another lawyer will have a...Read more »
In Nevada my fathers estate is upward of $300,000. with real property. the properties are all deeded upon death to me, as are all his vehicles and bank accounts. He does have many investments that he has not discussed much so i don't know how they are handled.
The probate estate includes those items that have a title and can't be transferred from the deceased without a court order. Property in joint tenancy (where one joint tenant is still alive), or held with a transfer on death deed, or bank accounts payable on death are NOT in the probate estate. So,...Read more »
The Will signed by your bf would need to be viewed to see whether it is a valid Will under NV Statute; A registered domestic partner does have rights under the NV Statutes, so I would recommend that you meet with an attorney to review the Will and discuss your...Read more »
Under NV Statute, the Will should be filed with the Court. If there are no assets, only liabilities, then there is no reason to spend funds opening an insolvent Probate. It would be different if there were assets to be transferred to you as the heir.
My mother( his daughter) is deceased and my surviving aunt. My mother had three children, one is deceased, the other wants nothing to do with my grandfather's estate and the other child is me. What will be the intestate distribution in Nevada?
50% will to your mother's descendants. If your deceased sibling left children, 1/3 of your mother's share will go to those children equally. If your deceased sibling died without leaving any descendants, one half of your mother's 50% share goes to you and the other surviving sibling who is free to...Read more »
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