Legal Question in Wills and Trusts in Nevada
power of attorney
I have POA for my uncle who has mental issues who recently passed away. His will states that I am to receive any and all of his worldly possessions but there is an executor to his will made in 1985 that I do not know. Do I need to contact him? What do I need to do?
1 Answer from Attorneys
Re: power of attorney
The POA died with your uncle. It is no longer useful to you in any regard.
As for the will, do you have the original in your possession? It needs to be filed with the Clerk of the County where he passed away, even if a probate is not necessary. Your uncle specified a particular individual to take respnsibility for distributing his estate to you, and that wish must be honored, if at all possible. Unless the named executor is also deceased, efforts must be undertaken to locate him and see if he is prepared and willing to so serve.
If your uncle's total assets are less than $20,000, however, a probate should not be necessary, and you may be able to obtain control of and title to all the assets via an affidavit process that is provided for in Nevada Revised Statutes. It is a fairly simple process and can be quickly accomplished. You can find the statute at NRS 146.080.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
