Legal Question in Wills and Trusts in Nevada

Re: Two trusts exsisted

You'll have to read each of the trusts to see what property was transferred to each trust and when. Things with titles are easy. However, the personal property that doesn't have a title is a little more difficult. The trust may specifically name pieces of personal property like paintings and antique furniture, or it may simply refer to all my personal possessions. The trust itself will probably refer to an exhibit or attachment in which the various items and securities are transferred to the trust. So whichever trust owns the bedroom set can attempt to get it back from your brother. The real problem comes in when there is no transfer of the bedroom set to the trust (either named specifically or some general terminology like all my personalties). So if that's the case the estate of your Mother probably falls under $100,000.00 which means there's no requirement for a probate. And the cost of probating a small estate consisting of all the mis-mash that is normally left out of the trust will be approximately the value of the bedroom set. I don't know Nevada's probate laws. Assuming that California has jurisdiction due to teh residency of your brother and location of the bedroom set in California. I'd start by reviewing the probate laws here in California covering the distribution of estates valued at less than $100,000.00. If the furniture was transferred to either trust. I would suggest withholding some of the brother's portion of your Mother's estate from the trusts. Until the furniture is returned. Now we have the issue of an oral gift of a $6,000.00 value. That's a problem unless there are other family members that recall your Mother saying how she wanted the furniture disposed of. If your brother loved your Mothe so much that he wanted the bedroom set you might start with that as a basis of some sort of accommodation. There may be other pieces of your Mother's (or possibly you Dad's) property. That your brother would be willing to trade for the bedroom set.