Legal Question in Wills and Trusts in Nevada

Wills/Estates/Probate (Nevada)

My mother died intestate 7 months ago (Nevada). Siblings and I contacted a lawyer. Lawyer suggested putting mother's house in a trust -- we are all beneficiaries equally. Brother refused. Sister and I proposed an estate sale to liquidate contents of house then leaving house to brother. Brother refused -- will not answer *any* of the lawyer's correspondence and will not speak to my sister or myself.

He still lives in mother's house (I assume). How long can this go on before the estate *must* go into probate?


Asked on 6/09/09, 2:54 am

1 Answer from Attorneys
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: Wills/Estates/Probate (Nevada)

Is you brother paying rent? Do the siblings have an agreement with him that his inheritance will be reduced each month by the reasonable rental value? You don't want him to live rent free. Since he is not talking to the lawyer or the siblings, I believe that you have to act soon.

I am unsure how the lawyer proposes to put the property into a trust if your mother was the owner and she has passed away. You will have to probate the estate to transfer the property and while a trust may work after you get title, you cannot just put the property into a trust without a probate. My belief is that the lawyer is trying to bill all he can to the estate.

You may email me to further discuss.

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Answered on 6/09/09, 11:46 am


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