Nevada Estate Planning Legal Questions

If you are drafting these documents, you should be a lawyer licensed in Nevada and should know the answer to your question.  The law governing trusts, powers of attorney and wills varies from state to state.  This is not a DIY project, even with some form downloaded from the internet.... Read More

He should speak with an estate planning attorney and consider using a revocable trust. Issues at the meeting should include reviewing the promissory note and deed of trust to determine if is assumable, ,etc., as well as discussing a plan for the balance of his estate and handling of debts and other obligations. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel.... Read More

The heir has no more rights that the owner. I suggest that the specifics be reviewed by an attorney to see if redemption is possible. If the "heir" cannot afford counsel I suggest that his legal guardian seek approval through Legal Aid Center of Southern Nevada or Nevada Legal Services for a pro bono attorney. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.... Read More

You need two witnesses on a Will. So if the notary is one witness, you still need another. Also by using the notary as a witness the Will cannot be self-proving. I urge you to go find two witnesses. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.... Read More

Sounds like you need to sit down and have another attorney review the court record. You state that you filed everything but that the attorney received the paperwork back from court. That does not make complete sense. Either you filed it pro se, by yourself, or you had counsel. If you cannot come to terms on fees and costs with your attorney I suggest contacting the State Bar Fee Dispute Committee 702 382 2200, to process for determination.... Read More

You need to speak with a probate attorney. If his assets were under $100,000 and his teenage children or either of them were under the age of 18 when he died, that child is entitled to his assets by law. It is not theft if that is the case, it is the law. He could not give you assets. He has a duty to provide for his child[ren].Again speak to an attorney. You may need to retain one. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.... Read More

Being incarcerated doesn't change your rights as an owner (we've learned a bit since the Spanish Inquisition murdered tens of thousands of innocents because the priests coveted their houses and land). Of course, it can be cumbersome to collect rent, etc. while you're in jail but that's what realtors are for.... Read More

If she chooses to do nothing then your example is correct. However, she can make an estate plan. She/they should consider a trust that may protect both her children and his children. However, if an estate is small ($100,000 or so) and there is a surviving spouse, even if she has a Will, it may still all go to husband. She should speak with an attorney regarding her planning options. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.... Read More

Not necessarily. Doe the power of attorney name an alternate? Does it provided that someone else is named if he is unavailable? I suggest that you or your mother have the document reviewed by an attorney. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.... Read More

A simple estate plan; Will and Powers of Attorney for Health Care and Financial Matters. Thee should set forth who you want to leave assets to and whom you want to make decisions for you. Not only name who you want also include who you do not want involved. Seek legal counsel to assist you. Best of luck.... Read More

Review your power of attorney and the state law where executed to comply with revocation. You may wish to hire counsel to make sure it is done correctly. Also it is a good idea to send her a verified latter advising her if the same and keep a copy. This response does not create an attorney client relationship. It merely advises you of possible options and I suggest that you hire counsel to make sure you are adequately protected from continued use of the power of attorney.... Read More

A living trust and a constructive trust are two totally different legal concepts. How were you forced into any type of settlement? It is very difficult to over turn a settlement and normally a settlement comes at the end of a case and the case does not continue on. Frankly, what you state does not appear to make any sense. ?You need to re-post your questions with a lot more factual details explaining what has happened.... Read More

It depends how the release is worded. You should have an attorney review the release. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.... Read More

Probably not, review the loan agreement. The closest relative (i.e. parents) may need to do an Affidavit at DMV or a set aside with the Court depending upon value. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.... Read More

There are two issues here. First, you can get your brothers to acknowledge your role as co-executor by petitioning the probate court to name you as co-executor, as required by your mother's will. Second, although you may feel that you're being taken advantage of by your brothers, you haven't mentioned anything that sounds illegal to me. Executors have certain obligations, one of which is securing the assets of the estate. One way to do this is to limit the number of keys to the house that are floating around. It was gracious of you to handle the expenses of the funeral and most states require that such expenses are the first bill to be paid from the assets of the estate. So you should submit a bill for the whole amount to the executor (your brother) and the estate attorney. And if you and your brothers think the attorney is charging too much, look around for another attorney to help settle the estate. Depending on the size and complexity of your mother's estate, $5000 for attorney fees may not be out of line.... Read More