Fathers Estate prolonged.....

[CDS.Estate]

Jurisdiction

Nevada

I have a few questions about my fathers estate as it has been going for almost a year now (11months) going to summarize as it s a long story. Dad dies while one property was in process of closing to be sold, agent for house says to get probate attorney so house can be sold, buyers were willing to wait for probate to finish but agent said it could take a while, Mom didnt want to loose buyers. Was suggested a probate atty. Said atty calls and rushes for copy of death certificate to go to court and get special administration for Mom to be able to sell house, House sold money goes into estate trust acct. with atty. Estate goes into probate, att. asks for list of properties etc, Mom gives list of what she knows is all debts and owned properties/vehicles. Lawyer responds and asks if she is sure thats it? explained thats all we know of. One said vehicle was 2 months late on payments and bank starts going after said vehicle, key is given and where location was. Then bank still looks for vehicle, we do our research and find the vehicle registered in another state. lawyer did not state the bank filing a claim against the estate until past the deadline allowed for creditors to come forward. We explain to the lawyer about vehicle situations yet lawyer says bank wants estate to be responsible still. do more research and find that lawyer accepted case one day before said bank filled a claim against the estate. Which at the time this file was made the payments on vehicle was only 1 month late. Around the same time file was made was before the keys were given when we called bank we wanted to make payment but was told that any loan in default resulted in vehicle being taken back rep was super rude anyways the repo person was BLOWING up my moms phone for the key. coming to our house non stop which was from what I took as harrassment, they even when was far as going to the storage unit they didnt know the spot of the vehicle but did see the trailer which was owned by my late father, tried to cut the lock as evident on the cut marks on the lock that was placed and a statement from one of the employees when the man was asked for a title for proof of ownership which they didnt provide. so my question is:

1. Is the bank allowed to repo a vehicle if they are behind one payment? is it a special case if the owner has passed?

2. Is it just me or is it weird that the lawyer accepted the case and one day later the bank files a claim to the estate? which from my understanding announcement to creditors is done after the lawyer publishes. Is it possible to announce 1 day after taking a case and the bank filing within 24 hours of such?

3. Is the probate attorney not responsible to have spoken in mothers behalf that key was given and that there is proof the vehicle was already titled therefore the banks claim should be questioned? because why would they claim to be looking for property they already released the title to.

4. Estate was handed over to public representative i think it was called and mothers rights to the estate suspended or removed or what not sorry i forgot the terms they used but question is what happens now? the lawyer withdrew as we did not want her to represent us anymore, she took her fees already

5. Mother signed an agreement that it was for that office which would consist of 3 people who will work on the case, is it not fishy that the one with the highest fees was the alleged one to do the tasks which required more time = more money from estate to pay them. the lowest paid one did the tasks which cost less such as sending out documents, or verifying, OR is that just the way it is? where the most paid one is the one who is competent or capable and does the lengthy work.?

I dont imply anything bad I just dont know anything about the whole probate process and want answers and what we should do,

 

[army judge]

1. Is the bank allowed to repo a vehicle if they are behind one payment? i

Yes, but the contract the buyer signed is determinative.

is it a special case if the owner has passed?

Maybe, because no creditor can collect from a defunct estate.

. Is it just me or is it weird that the lawyer accepted the case and one day later the bank files a claim to the estate?

Can't say, don't know.

If your dad died without a will the following applies:

Intestate succession for married couples is a little messy because of the fact that Nevada is a community property state. This means that each spouse is considered to own 1/2 of any property acquired during the marriage, regardless of which spouse actually paid for the property or whose name is on the title.

Under the laws of intestate succession in Nevada, the decedent's entire 1/2 interest in the couple's community property is given to the surviving spouse. This means that unless the decedent owned separate property, then the surviving spouse gets 100% of the decedent's property – while children, friends, and charities get nothing, even if the decedent wanted otherwise.

Separate property is generally split between the surviving spouse and the other nearest living relatives of the decedent. More specifically:

> If the decedent had no children, then 100% of the separate property goes to the surviving spouse;
> If the decedent had one child, then the separate property is split equally between the child and the surviving spouse;
> If the decedent had more than one child, then the separate property is split 1/3 to the surviving spouse and 2/3 to the children (shared equally)

It's worth pointing out that not all types of property are covered by the laws of intestate succession. Certain types of property are not considered part of the decedent's estate and, therefore, are not covered by these laws:

# Property held in a living trust
# Proceeds from life insurance
# Bank accounts with a payable-on-death designation
# IRA, Roth IRAs, and 401(k)with a payable-on-death designation
# Vehicles with a transfer-on-death designation
# Any property held as a joint tenant with right of survivorship or as community property with right of survivorship

I dont imply anything bad I just dont know anything about the whole probate process and want answers and what we should do,

I suggest you use the internet to to educate yourself about the probate process in Nevada.

As your knowledge increases you'll be able to answer most of your questions.

Please accept my condolences upon the loss of your father.

I wish you peace as you grieve his passing.

 

[CDS.Estate]

Yes, but the contract the buyer signed is determinative.


Maybe, because no creditor can collect from a defunct estate.



Can't say, don't know.

If your dad died without a will the following applies:

Intestate succession for married couples is a little messy because of the fact that Nevada is a community property state. This means that each spouse is considered to own 1/2 of any property acquired during the marriage, regardless of which spouse actually paid for the property or whose name is on the title.

Under the laws of intestate succession in Nevada, the decedent's entire 1/2 interest in the couple's community property is given to the surviving spouse. This means that unless the decedent owned separate property, then the surviving spouse gets 100% of the decedent's property – while children, friends, and charities get nothing, even if the decedent wanted otherwise.

Separate property is generally split between the surviving spouse and the other nearest living relatives of the decedent. More specifically:

> If the decedent had no children, then 100% of the separate property goes to the surviving spouse;
> If the decedent had one child, then the separate property is split equally between the child and the surviving spouse;
> If the decedent had more than one child, then the separate property is split 1/3 to the surviving spouse and 2/3 to the children (shared equally)

It's worth pointing out that not all types of property are covered by the laws of intestate succession. Certain types of property are not considered part of the decedent's estate and, therefore, are not covered by these laws:

# Property held in a living trust
# Proceeds from life insurance
# Bank accounts with a payable-on-death designation
# IRA, Roth IRAs, and 401(k)with a payable-on-death designation
# Vehicles with a transfer-on-death designation
# Any property held as a joint tenant with right of survivorship or as community property with right of survivorship






I suggest you use the internet to to educate yourself about the probate process in Nevada.

As your knowledge increases you'll be able to answer most of your questions.

Please accept my condolences upon the loss of your father.

I wish you peace as you grieve his passing.

Thank you. There was a will btw

 

[army judge]

Thank you. There was a will btw

The will serves to instruct to whom, in what manner, upon the described dates the assets of the deceased will be disbursed.

The person described as administrator of the estate should hire an attorney to ensure the assets of the dearly departed are disbursed according to his wishes.

Other than that, there is very little which should bemuse or confuse anyone.