Legal Question in Wills and Trusts in Nevada

Re: Wills

(If your father was a California resident) whoever has custody of the will is legally obligated to lodge the original with the clerk of court (in the county where he resided) for safekeeping and to notify the named Executor.

If the Will is submitted for probate, all named beneficiaries must receive formal notice before the Petition for Probate will be granted.

If the Executor hires an attorney, the legal fees will be paid out of the estate, when final distribution is made. S/he only has to pay filing fees upfront.

If you are the Executor and you want to try to probate the estate without a lawyer, I recommend Nolo Press for forms and instructions.

Re: Wills

Sorry to hear of your father's passing and the problems his attorneys are now giving you. My guess is they want you to use them to start a Probate.

A Probate is required if he owned over $100K in total assets (irrelevant if there are mortgages or liens, it's the overall total value) and all he had was a will. He would have needed a trust to completely avoid Probate or have his assets jointly titled or with named beneficiaries.

Was he a resident of CA or are you? If he was a resident of NV, you are going to need to get a Probate attorney there. If he lived here in CA, then our firm can assist you.

The fees and costs for Probate come out of the estate of the deceased, not directly from you, I hope that puts your mind at ease about that part.

If you would like to discuss this matter in a more private forum, please feel free to contact me directly at the email provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com.

Please Note that this answer does not create an attorney-client relationship. The answer is solely based on the information provided.