Legal Question in Elder Law in Nevada

Appointment of Executor or Admin.

My mom passed away 2 yrs. ago. Us children(5) sued medicine company. The attorney's out of New York want me to be appointed Administator or Executor of the Estate in order to give settlement. My mother had no will and she had no money or any estate, home, etc. We don't know the amount of settlement. Can I just use the

1. Affidavit of Entitlement to Estate that does not exceed $20,000 or

2. Petition to Set Aside the Estate without Administration less than $75,000

Is there a different form to appoint me Executor or Administator. I understand that my siblings all have to agree and will sign documents. Do I make up this letter myself and have them all sign and notarize each one. I was her legal guadian and I am familiar with how to pursue the Family Courts and filings. I would lkie to do it my self because we don't have nery much money. Thanks for your time and helpfulness.


Asked on 8/25/05, 11:15 pm

1 Answer from Attorneys
Paul Malikowski Malikowski Law Offices, Ltd.

Re: Appointment of Executor or Admin.

I recently concluded an estate administration in Clark County under circumstances similar to those you present. The wrongful death settlement was far more than adequate to pay all probate fees. I required the clients to advance $500.00 for initial filing and publication costs. I do not see a set aside or an affidavit as appropriate under the circumstances you relate. The drug company and its insurers want the probabte court to, among other things, review the adequacy of the wrongful death settlement amount.

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Answered on 8/26/05, 7:09 pm


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