QUESTION

Is there some form of legal document I need to obtain to prove that I am the executor?

Asked on Mar 23rd, 2013 on Estate Planning - Nevada
More details to this question:
My mother passed away recently without any form of a will. She never married and I'm the oldest of the three children. I was told that because of this, I am the executor of her estate. Is this true? How do I prove this? She apparently pawned off some family belongings that my siblings and grandmother want to get back and I need this legal document, to prove that I have access to the information of what she pawned off, and be able to get it back. Also, I've been trying to get her medical records from the hospital in order to find out the full information of how she passed away. Now, I live in California but she died in Nevada, where she'd been living the past two years. Are there different laws pertaining to each state? I just really need to know how and where I can get the document necessary to prove that I have access to these information. Apparently, the death certificate is not enough. Thank you for any help.
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8 ANSWERS

You probably should open a probate proceeding and be appointed as the personal representative. You can then show that paperwork as necessary.
Answered on Apr 01st, 2013 at 2:22 AM

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Estate Planning Attorney serving Oakland, CA at Law Office of Michael Daly
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Because there was no Will in which your mother named (or nominated) her preferred Executor, the Probate Division of the county Superior Court for the county in Nevada in which your mother died ("the Court") must appoint someone to manage your mother's Estate, and the person appointed will be technically called the "Administrator" of the Estate. If you wish to be appointed Administrator, it will be necessary for you to file a Petition for Probate with the Court. Once this Petition is filed, a hearing date will be set to determine if you are qualified to serve in this capacity, and whether any interested party has objections to you serving as Administrator, among other things. If the Court appoints you as the Administrator of your mother's probate estate after such a hearing, this appointment will be confirmed by a document generally called Letters of Administration, which would issued by the Court in that county.
Answered on Mar 29th, 2013 at 5:46 AM

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Estate Planning Attorney serving Torrance, CA at The Law Office of Kelvin Green
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You will need to file an intestate probate. You need to talk with a Nevada probate attorney.
Answered on Mar 26th, 2013 at 1:18 AM

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Taxation Law Attorney serving Glendale, CA at Irsfeld, Irsfeld & Younger LLP
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You are not the executor. You are an heir and can be appointed as administrator of the estate if you file the appropriate petition in Nevada, and you'll be able to accomplish all those things. Hire a Nevada probate lawyer.
Answered on Mar 26th, 2013 at 1:06 AM

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Probate Attorney serving Las Vegas, NV
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I am sorry for your loss. Unfortunately, in addition to your loss you have received misinformation. A person may only be an executor if they are named as such in a Will. Since there is no Will, there can be no Executor. Additionally, an Executor is not actually an Executor until the Will is admitted to probate, the order is entered appointing the Executor by the Court and the Executor signs and has the Letters Testamentary issued by the Court. Since there is no Will, a determination needs to be made if the estate needs to be administered or if a set aside is possible. If an administration is necessary, you cannot serve alone as you are not a Nevada resident. Residency is required unless you were named in a Will. Since there is no Will pursuant to Nevada las you cannot serve unless you are a co-administrator with a Nevada resident. We generally recommend using a professional to do this unless there is an exceptionally honest person who is willing to dedicate the time. Both of you may be jointly liable for the acts of the other, so sometimes it is best just to allow the professional to serve. You state as the eldest child you are the person to be in charge. Under Nevada law all children are equal in terms of ability to serve, there is no preference based upon birth order. I am unsure why you want medical records, but that too requires a court order. Honestly you need to have a consultation, a one on one to in person or telephonic meeting to address the numerous issues you are facing so you may decide whether to employ counsel or continue on your own.
Answered on Mar 26th, 2013 at 12:05 AM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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With no will there will be no executor. Any interested person, including yourself, can become administrator of your mother's estate to handle her affairs. You will need to go to probate court and file a Petition for Probate. This is a process that takes some time and can be complicated.
Answered on Mar 25th, 2013 at 10:22 PM

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Elder Law Attorney serving Hollister, CA at Charles R. Perry
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Since your mother was a Nevada resident at the time of her death, you will need to speak to a Nevada lawyer about the handling of your mother's estate. The laws do differ from state to state, and it would be imprudent of a CA lawyer to advise you.
Answered on Mar 25th, 2013 at 10:14 PM

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Probate and Trust Administrations Attorney serving Henderson, NV
Because your mother was a resident of the State of Nevada, in order for you to act on behalf of her estate it is necessary to obtain a court order appointing you as the administrator of her estate. This requires filing a court petition in Probate Court requesting that the Court appoint you as the administrator of the estate. (Because there is no will, the position is technically called an administrator, rather than an executor.) In this situation where your mother did not have a will, you and your siblings are equally entitled to serve as administrator even though you are the oldest. Any of the three of you can file the petition requesting to be appointed as the administrator. Until you are appointed as the administrator, it is very unlikely that anyone will release medical information to you or provide you any access to or use of her financial accounts. Even though you live in California, because your mother was a resident of Nevada at the time of her death, it is necessary to file the probate petition in Nevada, and Nevada laws would apply (which are different than California laws). You should speak with an attorney whose practice is focused on probate administration to ensure that you and your attorney understand Nevada's probate laws and can help the administration of your mother's estate be as simple for you as possible.
Answered on Mar 25th, 2013 at 10:12 PM

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