Nevada Estate Planning Legal Questions

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91 legal questions have been posted about estate planning by real users in Nevada. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Nevada Estate Planning Questions & Legal Answers - Page 4
Do you have any Nevada Estate Planning questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 91 previously answered Nevada Estate Planning questions.

Recent Legal Answers

What legally can be done for a forged promissory note in an estate?

Answered 12 years and 3 months ago by Roger Durkin (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Estate Planning
You say there is an "estate" lawyer. That lawyer represents the executor or the administrator and should be the person challenging the note.
You say there is an "estate" lawyer. That lawyer represents the executor or the administrator and should be the person challenging the note.

How do I put the house in my name?

Answered 12 years and 3 months ago by Mr. Brian Haggerty (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
At this point, if I understand you, there has been no administration of father's estate so the house is owned, of record, by your father. You will have to administer his estate (probate, but, since no will, different terminology). Probably best to get your one brother to disclaim his interest in the estate or give you a new deed transferring his interest in the property to you, although the quitclaim you have might work. There is no alternative to making a reasonable attempt to reach your other brother; and, if you can't reach him, and you can't prove he's dead leaving no heirs, then he owns 1/3 of the property.... Read More
At this point, if I understand you, there has been no administration of father's estate so the house is owned, of record, by your father. You will... Read More
Your question raises many questions on our part. Is there equity or is the property under water? Why did she transfer? If she views the property as hers why doesn't she pay? Who is bringing the auction? Suggest that you have a conference with a lawyer.
Your question raises many questions on our part. Is there equity or is the property under water? Why did she transfer? If she views the property... Read More

Will I need to file anything when I pay my siblings their share?

Answered 12 years and 4 months ago by Mr. James G Maguire (Unclaimed Profile)   |   14 Answers   |  Legal Topics: Estate Planning
Document everything about the assets, and have the heirs sign receipts for whatever they receive, including an acknowledgement that this satisfies any claims they have against his estate.
Document everything about the assets, and have the heirs sign receipts for whatever they receive, including an acknowledgement that this satisfies... Read More

What kind of control does an appointed trustee have over a trust that has a TOD attached to it?

Answered 12 years and 4 months ago by Edwin K. Niles (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Estate Planning
He'll have to account for it at some time. Trustee's duty is to act for the best interests of all beneficiaries.
He'll have to account for it at some time. Trustee's duty is to act for the best interests of all beneficiaries.

What are the implications of the title of the home not being transferred?

Answered 12 years and 4 months ago by Edwin K. Niles (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Estate Planning
If he is not on title, he can perhaps qualify for Medicaid. Was there a will? If not, he may be considered to be an heir. Community or separate property? Better have a lawyer take a look.
If he is not on title, he can perhaps qualify for Medicaid. Was there a will? If not, he may be considered to be an heir. Community or separate... Read More

What are the implications of the title of the home not being transferred?

Answered 12 years and 4 months ago by Richard Keyes (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Estate Planning
Please see an attorney. I assume the value of the house is greater than $40,000. You will have to do a petition to determine heirs. If your spouse is a child of your mother and father-in-law, then your father-in-law is entitled to the first $20,000 and then he and the children of the marriage split the remaining assets.... Read More
Please see an attorney. I assume the value of the house is greater than $40,000. You will have to do a petition to determine heirs. If your spouse... Read More

What are the implications of the title of the home not being transferred?

Answered 12 years and 4 months ago by Mr. Brian Haggerty (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Estate Planning
Did she have a will? If yes, that changes everything. If no, this is perfect; he doesn't own the house, so it will not be in his estate for purposes of estate recovery if he needs to go on Medicaid. Your mother's heirs can rent the house to him if he is medically able to stay there. If you don't get why I say rent it, then the family, in putting together that game plan, needs the assistance of a good elder law lawyer.... Read More
Did she have a will? If yes, that changes everything. If no, this is perfect; he doesn't own the house, so it will not be in his estate for purposes... Read More

What are the implications of the title of the home not being transferred?

Answered 12 years and 4 months ago by Roger Durkin (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Estate Planning
Get the lawyer. The implications are he is the surviving spouse and likely now owns the home; and the state will put a lien on the house if he is nursing home bound paid by medicaid. Better to consult an lawyer NOW.
Get the lawyer. The implications are he is the surviving spouse and likely now owns the home; and the state will put a lien on the house if he is... Read More

Can a spouse make a will without the other spouse's knowledge with property belonging to both?

Answered 12 years and 4 months ago by James P. Frederick (Unclaimed Profile)   |   14 Answers   |  Legal Topics: Estate Planning
Yes. The Will would not actually AFFECT that property, however, unless the testator survives the spouse. That is because a Will "covers" only assets titled in a decedent's name alone, at the time of death. If the spouse survives, then there would be nothing left to pass under the Will, because the assets will have automatically passed to the spouse, upon death. Title to the assets takes precedence over the terms in a Will.... Read More
Yes. The Will would not actually AFFECT that property, however, unless the testator survives the spouse. That is because a Will "covers" only assets... Read More

What happens if we never officially file with the court to close probate for the estate?

Answered 12 years and 4 months ago by Edwin K. Niles (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Estate Planning
You may eventually hear from the court.
You may eventually hear from the court.

What happens if we never officially file with the court to close probate for the estate?

Answered 12 years and 4 months ago by Victor L. Waid (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Estate Planning
Not enough information to advise you.
Not enough information to advise you.

Can we use the handwritten letter as a will if we go to court?

Answered 12 years and 4 months ago by Edwin K. Niles (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
A holographic will is valid if it is written, dated, and signed by grandma.
A holographic will is valid if it is written, dated, and signed by grandma.

Can I do a quit claim deed of a property I own to an estate of someone that passed away?

Answered 12 years and 4 months ago by Roger Durkin (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Estate Planning
Yes, or decline the bequest. Why do you not want to own the property? Is there someone, an heir, that you would rather have the property? We need to know more.
Yes, or decline the bequest. Why do you not want to own the property? Is there someone, an heir, that you would rather have the property? We need to... Read More

How do I set up a family trust?

Answered 12 years and 4 months ago by Roger Durkin (Unclaimed Profile)   |   16 Answers   |  Legal Topics: Estate Planning
Yes, a trust is the potential vehicle. However, if your mother owns the home, you should consider an irrevocable trust; There is more to setting up a trust than just the document. Therefore you should discuss the risks and benefits with an attorney.
Yes, a trust is the potential vehicle. However, if your mother owns the home, you should consider an irrevocable trust; There is more to setting up a... Read More

How do I set up a family trust?

Answered 12 years and 4 months ago by James Timothy Weiner (Unclaimed Profile)   |   16 Answers   |  Legal Topics: Estate Planning
contact an attorney ... most likely you will not be able to do it right yourself.
contact an attorney ... most likely you will not be able to do it right yourself.