Legal Question in Wills and Trusts in Nevada

Executor/Executrix

My husbands aunt just passed away without a will. My mother-in-law is to take care of her affairs. How can she take care of the legal details since there is nothing signed and all agreements were merely verbal? My mother-in-law did have power of attorney, but was told that is of no use now that her sister has passed. She asked me to draw up something naming her as Executrix. How do I go about that? (Nothing will be contested by other family members.)


Asked on 1/26/00, 8:27 pm

2 Answers from Attorneys

Paul Malikowski Malikowski Law Offices, Ltd.

Re: Executor/Executrix

Good afternoon, LawGuru correspondent:

Please review the Nolo Press website chapter on small estates here:

http://www.nolo.com/pro8/7intro.html

The Nevada Legislature has developed a great basic research site covering

all of the statutes and administrative regulations, including references to

Nevada Supreme Court decisions related thereto, available at:

http://www.leg.state.nv.us

You may want to look into the chapters on Support of Family; Small Estates

on this site. In this regard, I invite your attention to NRS Chapter 146, which is

found at:

http://www.leg.state.nv.us/web/99NRS/NRS-146.html

There may be other laws affecting your ability to resolve a decedent's

estate problem, which is necessarily beyond the scope of this

reply.

I charge $200.00 per hour for consultation, document review, case analysis,

advice, suggesting and recommending alternatives, legal drafting, telephone

calls, legal research and prosecuting or defending wrongful death or

probate actions when a client hires me.

If I do not hear back from you by Friday, February 4, 2000, I will assume that

you have answered your questions to your own satisfaction, hired another

lawyer, or decided against pursuing the matter.

I hope this is of assistance to you.

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Answered on 1/27/00, 6:43 pm

Re: Executor/Executrix

There can be no Executor or Executrix unless there is a valid Will. The term for someone appointed by the court to act without a will is Administrator/Administratrix. Did the aunt live in Nevada? Does your Mother in law live in Nevada? Only Nevada residents may act as Administrator/rixs.

What is the size of the estate? If it is fairly small, it is possible to avoid or minimize the probate proceedings (and the cost). If the estate is in Reno, it would be a good idea to contact Paul. I would be happy to advise your mother in law if the estate is in southern Nevada (Clark County).

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Answered on 1/27/00, 6:51 pm


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