Nevada Probate Legal Questions

Your situtaion is not entirely clear, but I strongly urge you to get counsel versed in disability law.  You might start with the Legal Aid Center of Southern Nevada, but your inquiry actually is in disability law, and will, trust, and probate, rather than in family law.  Do seek assistance, and find out the truth.... Read More

Attorneys can only have one client.  It is common (and should be more common) for attorneys to ask other people to acknowledge this by signing a waiver.  If you do not trust the executor, you will have to abide by Nevada rules on when you can ask for an accounting, etc. and, if it is "fishy" or not produced at all, hire a separate attorney.... Read More

Dont cal me but call a local lawyer who knows NV law. If there is no will, you may stand to inherit, IF THERE IS PROPERTY TO INHERIT. You would under PA law but I dont know NV law. The lawyer can advise you as to whether it is advisable to open an estate. If debt exceeds assests and it will be an insovlent estate, you may want to leave it alone as it might be an extreme hassel to get involved with. Again, go over it with a local lawyer. ... Read More

Has the Will been filed/lodged with the Court yet? Has the probate been opened and the executor appointed?  You should speak with an attorney who practices probate for guidance as to the process.  Possible the estate is not solvent, or the time for creditors to file their claims has not expired.  Without reading the Will and knowing where in time the probate process is, it is impossible to be more specific as to your options other than to advise you to meet with an attorney.... Read More

The Will directs who the executor is.  If your brother is the named executor he has the control over the accounts.  But he must file an Inventory and Appraisement of all assets in your mother's estate.  The statute provides time limits within which this must be done. As a beneficiary, you are entitled to notice of the inventory, sale of assets and to accountings.  You have the right to object if you believe he is not acting appropriately.... Read More

I assume from your wording, that both you and your partner are on the title to the house.  If the house is in joint tenancy, then regardless of your status as DPs, the house goes to the survivor.  And your partner cannot change the deed without your consent and participation.   If your name is not on the house, as a legal domestic partner, you have a community property interest in the house.  But that interest only begins on the date that you legally registered, which necessarily is less than 3 years ago. If your partner deeds away an interest in the house that you feel is yours, your option is to file for Dissolution of the Domestic Partnership and make a waste claim.  ... Read More

If your grandmom passed in Iowa, then the probate laws of Iowa will apply.  You might ask this question posting it under Iowa instead of Nevada. But generally there are two ways a person can pass their estate - one is to a specific person; the other is to a specific person by representation.  The latter means that if the specific person passes, the heirs of that person inherit.   In other words, if your grandmom left her estate to be equally divided among all of her children by right of representation, the grandchildren of the deceased children would divide that child's share.  But if your grandmother left her estate to be divided equally among her surviving children, only those children surviving would receive.  But again, you need to reach out to an Iowa probate attorney to see what the laws are in that state and also what the grounds are to contest a will.... Read More