Legal Question in Wills and Trusts in Nevada

Estate Law

Mother died intestate left three heirs. Two agree that house (currently in mother's name only) should go into a trust -- one disagrees, wants the house in his name only and will not entertain *any* other options. This sibling lived in said house with decedent for the past three years, had control of bank accounts/debit cards. Third sibling refuses to furnish the other two with any records. Third sibling will not agree to estate sale. Two siblings live outside Nevada. Options?


Asked on 11/13/08, 2:12 am

2 Answers from Attorneys
Warren Markowitz Warren R. Markowitz, Esq

Re: Estate Law

First who is the administrator of your mothers estate?

If that person has not been appointed yet, you need to go the court and have one of you appointed to distribute her assets and pay her bills.

As for the house, if it is title in her name only then it becomes part of the Intestate Estate and is technically subject to division amongst her heirs.

I suggest that you start with having one of you appointed as her administrator. This person will have the court's authority to handle the remaining affairs.

Do not wait, your rights and the law will not wait.

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Answered on 11/13/08, 4:50 pm
James Smith James E. Smith Ltd.

Re: Estate Law

If she died intestate and the house was in her name only it would have to go through probate. If the deed was held in joint tenancy with the child she lived with then he would get the house. Unless there was a revocable living trust or a testamentary trust in a will there is no basis for putting the house into a trust.

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Answered on 11/13/08, 5:24 pm


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