Legal Question in Wills and Trusts in Nevada
Mothers Death
My mother passed away, owns a mobil home outright and it is homsteaded. She had a chapter 13 bankruptcy that she still had 2 or 3 years to pay on and no will. My brother resides in the home and has since she bought it. How do I get estate into probate and is the house safe from the bankruptcy? Can I do this without a lawyer? All surviving children want him to live there as he is handicapped. He is on the rental agreement for the land the mobil home resides.
3 Answers from Attorneys
Re: Mothers Death
I can get the bankruptcy dismissed but the issue is, I have to presume she was in a Chapter 13 because she was looking at a foreclosure on the mobil home, who will pay off the loan.
I might be able to convince the bank to allow you to take over the loan and put the arrears on the back end of the loan.
You cannot be appointed executor or executrix of her estate as since she died without a will, she must have a Nevada executor. Your brother could be executor and you could be co-executor.
If you would like to discuss at length, I would charge you one hundred dollars for a half hour consultation and I do take credit cards. I would be able to pull up all her bankruptcy documents online. You may email me with your contact information.
Re: Mothers Death
I don't know the answer to the bankruptcy question, but you get the estate into probate by filing a probate proceeding petitioning for letters of adminstration in the probate court in the county in which your mother last resided.
Re: Mothers Death
Depending on the value of the estate, you should be able to give the mobile home to your brother by declaration.