Legal Question in Wills and Trusts in Nevada

Re: Beneficiary

Do you have a copy of the trust agreement? Are you certain it was not amended in any way by the survivor of your parents after the passing of the first? Is there another alternate Successor Trustee named after your aunt?

To get the ball rolling, I would suggest you have an attorney familiar with both living trusts and probate law in Nevada review the documents you can produce, determine the extent of the trust and non-trust assets and locate same, then suggest a course of action for ensuring that a willing, capable trustee is appointed and empowered to administer the trust.

Depending on what is specified within the trust agreement, the extent of assets (within and without the trust), and the complexity of the plan of distribution, administration of the trust MAY be accomplished without court intervention and without a lot of expense and time investment. That would be the hope and goal of competent counsel, unless he/she is merely looking to your family's circumstances as a billing opportunity. Be careful of an "old-school" probate lawyer who chooses, by default, to open a probate for all issues and asks the court to step into the middle of things. Your parents' whole purpose in drafting the living trust was to avoid the public, expensive and potentially contentious process of probate. You need someone who will fight to avoid all that, if it is at all possible.