Legal Question in Wills and Trusts in Nevada
My father lived in Las Vegas, died with $4000 in the bank, no will. I have no idea if he has debt or owes taxes on game winnings. No probate is required if estate/property is under $20,000. Will debtors or IRS come to me if I retrieve the $4000 thru an affidavit of entitlement? I live in Tennessee and have had to take care of this thru email, faxes and snail mail.
1 Answer from Attorneys
If this account was his sole asset and you are the sole legal heir, an Affidavit of Entitlement should be sufficient. You are required to engage in a good faith effort to clear any outstanding debts he may have left, but if you don't find any, the bank will be immunized from any liability if they honor your Affidavit and release the funds to you. You could then be responsible for an undiscovered debt, such as to the IRS (up to the amount of the recovered funds) if they catch up with you.
Related Questions & Answers
-
Why petition to set aside estate without administration? Asked 9/20/09, 4:32 pm in United States Nevada Probate, Trusts, Wills & Estates