QUESTION

HI, a friend of mine died 2 months ago,his will stated that i was to get a certain amount of money,the person he left in charge is refusing to pay me.

Asked on Oct 20th, 2012 on Wills and Probate - Nevada
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What are my options?? wl.
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2 ANSWERS

Family Law Attorney serving Las Vegas, NV at Kunin Law Group
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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.
Answered on Oct 22nd, 2012 at 11:46 AM

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Dear Nevada, My condolences on the loss of your friend.  If your deceased friend left a will, it most likely will have to be probated IF there is real estate involved and/or if the estate has over $100,00.00 in assets.  Once began the probate process can take a minimum of 6 months to many years.  The person left in charge may not have even filed for probate with the court yet as you say it's been just two months. However, he or she were required to file the will within 30 days of your friend's death with the clerk of the circuit court in the county in which your friend died.  You can purchase a copy of the will from the clerk once it's filed and see what your friend left for everyone. Once probate is opened, there is a minimum of 6 months before any type of disbursement can be made from an estate.  Any creditors are required to file any claims against the estate during this time.  The executor (person left in charge) has to ensure that there is enough money in the estate to pay all the debts of the estate before he/she starts passing out gifts left by the decedent.  So be patient Nevada and let the Executor handle the business of the estate and hopefully, there will be some money left over to give you what your friend wished you to have.  I recently had a probate estate where several individuals where left $100,000.00 each, but ended up getting only $2,000.00 or so.....In my case it was not because of debts (those were nominal) but rather the decedent had previously named beneficiaries on his investments and other financial policies (these are considered separate contracts) and even though the language of his will included them, they were already titled and not renegotiable by his will....so my point is if it's not in the estate when it comes time to dole out the estate, there is little (or less than anticipated by the heir) or nothing to distribute to the heirs and beneficiaries.  Hope the info is helpful and best wishes with everything.
Answered on Oct 21st, 2012 at 7:59 PM

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