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Nevada Probate Questions & Answers
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 and take... 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 home.... 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 »

1 Answer | Asked in Probate for Nevada on
Q: Vesting on property is NS, (no status). Please explain. Does surviving spouse get the property?
Jonathan Craig Reed
Jonathan Craig Reed answered on Jun 30, 2019

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 »

1 Answer | Asked in Probate for Nevada on
Q: Thank you. I’ll zoom thru to points. Father passes away 1/2012. Sister comes out as executrix, 2nd Sister & her

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?

Jonathan Craig Reed
Jonathan Craig Reed answered on Jun 27, 2019

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 »

1 Answer | Asked in Probate for Nevada on
Q: I have a Nevada client whose deceased husband's Will names a daughter but the wife can't find her.

Need to publish some kind of notice to the unknown child but this goes beyond my probate expertise and I have no idea what to file and publish.

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

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 »

1 Answer | Asked in Probate for Nevada on
Q: I and my kids were given 2 vehicles and a Fifth Wheel by my ex-significant other/dear friend 2 days before he passed.

Without signed titles, but with witnesses to the gift and an audio recording can we enter the probate process?

Jonathan Craig Reed
Jonathan Craig Reed answered on May 22, 2019

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 »

1 Answer | Asked in Probate for Nevada on
Q: After probate is closed how long does an attorney have to send out payment from estate sale?
Jonathan Craig Reed
Jonathan Craig Reed answered on May 8, 2019

I personally try to send out checks to the beneficiaries on the same day that the probate closes if the money has been sitting in my trust account.

1 Answer | Asked in Probate for Nevada on
Q: In Nevada are non-probatable assets included in determining the size/value of an estate?

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.

it is my understanding that... Read more »

Jonathan Craig Reed
Jonathan Craig Reed answered on May 6, 2019

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 »

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: bf passed. I've got domestic partnership No will/his son hand wrote a note stating estate left to kids & he signed.

Do I have rights? Kids aren't aware of partnership. Do I need to file anything?

Delwyn E. Webber
Delwyn E. Webber answered on May 1, 2019

Firstly, sorry for your loss.

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 »

2 Answers | Asked in Estate Planning, Elder Law, Municipal Law and Probate for Nevada on
Q: I'm a personal representative on will and sole beneficiary on will. Do I still have to file with courts Reno NV

Owes back taxes and past debts are on his credit report and future bills there is no money or assets to pay them. What I'm supposed to do?

Delwyn E. Webber
Delwyn E. Webber answered on Feb 22, 2019

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.

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1 Answer | Asked in Probate for Nevada on
Q: My grandfather passed away in Nevada, no surviving spouse. He had two daughters.

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?

Jonathan Craig Reed
Jonathan Craig Reed answered on Feb 20, 2019

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 »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Nevada on
Q: can affidavit of survivorship apply to only child living with parent alone? or is intestate succession mandatory?

My mom died intestate when I was 17. I am her only child and she was a widow her only living next of kin is her brother. I am trying to avoid going through the court since washoe county doesn't want to let me file everything with the court on my own but hire an attorney instead. I realize that... Read more »

Jonathan Craig Reed
Jonathan Craig Reed answered on Feb 10, 2019

You can't get title with an affidavit. You will need to do a probate. The proper value of the estate is the value of the home at the time of your mother's death which is probably a lot less than the current value. The Court will accept the Zillow.com value and the Zillow.com website usually lets... Read more »

1 Answer | Asked in Probate for Nevada on
Q: Does NRS 134.160 apply to my situation?

NRS 134.160  Kindred of half blood.  Kindred of the half blood inherit equally with those of the whole blood in the same degree, unless the inheritance comes to the decedent by descent or devise from an ancestor, in which case all those who are not of the blood of the ancestor are... Read more »

Jonathan Craig Reed
Jonathan Craig Reed answered on Feb 2, 2019

The easy answer is that if the house was truly held in joint tenancy by Mom and Dad, Dad owns the whole house upon Mom's death. (You or your lawyer can file an Affidavit of Death of Joint Tenant with attached death certificates on both to move the ownership from joint to your father's estate.)... Read more »

3 Answers | Asked in Probate for Nevada on
Q: For probate, can you use the assessed value of a home or do you have to use the market value?

For the purpose of determining the probate procedure to use, do you have to use the amount it states is the market value of the home or can you use the assessed value?

Delwyn E. Webber
Delwyn E. Webber answered on Feb 1, 2019

We typically use the Zillow value - just keep in mind if Zillow is used, and an appraisal is done which puts it over the statutory limit, you will need to convert the probate.

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