Nevada - No probate of estate, no public record of will?

[mrazy]

What is the name of your state (only U.S. law)? Nevada

My ex mother in law recently passed in Nevada. My children were named beneficiaries in her will. Their father (one of the personal representatives of the will) owes a lot of money in child support arrears, for our case in California. (to clarify: Dad lives in California, Gramma, deceased, lived in Nevada, We live in Iowa.) Dad hasn't paid support for over five years.
The personal representatives will not give us copies of the will, and we don't know what the children are entitled to. Further, it's my understanding, they have no intention of filing the estate with the court. I believe this is a small estate with no real property. My concern is that Dad will get his inheritance in cash (or some similar way), and no record of it will exist for the Child Support Recovery Unit in California to garnish it.
If assets are small enough, can they legally distribute everything "off the books"? Is there anything I can do that would allow the Child Support Recovery Unit access to his share of the inheritance? And, can they really not share a copy of the will with us?
Thanks in advance.

 

[tranquility]

No one has special power unless appointed by the court. But, that does not answer the question. Beficary and other designations may rule. You have to look at each asset to know.

 

[mrazy]

No one has special power unless appointed by the court. But, that does not answer the question. Beficary and other designations may rule. You have to look at each asset to know.

I appreciate your answer, but I'm still confused. Is there a law that they have to file some sort of estate notice with the court - even with small estates? And, can they withhold the will? I was under the impression that if you are named in a will, you have a right to view it.

 

[OHRoadwarrior]

How do you know your children were there and what they were to get? You can always file with the court to be named executor and pursue the named executor for the will, so you can probate it formally.

 

[mrazy]

How do you know your children were there and what they were to get? You can always file with the court to be named executor and pursue the named executor for the will, so you can probate it formally.

I was told by the personal representative (executor?) named in the will - the person administering it. I don't know what they are entitled to, which is part of the reason I would like to see the will. My wish was that their grandmother remembered them in the will, which apparently she did. I'm not very concerned with what they actually are receiving. I am, however, very concerned with their dad hiding this new income from the Child Support Recovery unit in Cali.

I don't think it would be prudent to request to be made executor, and representatives were already named in the will. I'm just unclear whether they are performing legally.

 

[tranquility]

No one can "perform" without being appointed by the court. I can do just as much as the person named in the will. (If there is one.) No bank is going to give money to cousin Joe unless he is on the account or otherwise has rights under the law.

 

[mrazy]

No one can "perform" without being appointed by the court. I can do just as much as the person named in the will. (If there is one.) No bank is going to give money to cousin Joe unless he is on the account or otherwise has rights under the law.

Interesting point. So, if I understand correctly, either he was already on her accounts before she passed, or he has to gain legal authority (through the courts?) to obtain any funds left to him. This means, these transactions might be done above board, and the Child Support Recovery Unit may have access to them.

 

[mrazy]

Anyone have any clarification on access to the will? What is the law in Nevada regarding beneficiaries in the will - when do they legally have a right to see it?

 

[justalayman]

What is the law in Nevada regarding beneficiaries in the will - when do they legally have a right to see it?

when it is presented to probate for validation and not a minute sooner.

edit: or when it is filed with the small estate affidavit.


just a bit of info. Here is when a small estate affidavit can be used:

[Note: For use only where the total gross property of the entire estate (not
just the property held by Unclaimed Property Division) does not exceed
$20,000 and does not include real estate or an interest in real estate.

so, if the total gross property of the entire estate exceeds $20k and there is no real estate involved, a small estate affidavit can be used. If the estate exceeds that or there is real estate involved, it must go through the probate process.



https://nevadatreasurer.gov/documents/Unclaimed/UP-45_Small_Estate_Affadavit-Interactive.pdf

 

[mrazy]

when it is presented to probate for validation and not a minute sooner.

or when it is filed with the small estate affidavit.

What if it never gets probated, or the estate is smaller than 20K?

 

[mrazy]

Bottom line - does anyone have any advice on how I might prevent dad from hiding his inheritance from the child support recovery unit in Cali?

 

[nextwife]

Do realize that HOW assets are held will affect what exists to be presented for probate. Sometimes probate is not needed because assets were already titled in a way that passed ownership without probate.

The other possibility is that, if creditor claims exceed available assets subject to probate, they simply will not probate. I see this happen in my work all the time. If there is northing to be had when all is said and done, nobody wants to do all that work.

Was she in a nursing home or hospital long term? She may have accrued care costs which exceed the available assets.

 

[OHRoadwarrior]

Try calling the CSU and giving them all the info you have regarding this. They might contact the local court.

 

[mrazy]

Do realize that HOW assets are held will affect what exists to be presented for probate. Sometimes probate is not needed because assets were already titled in a way that passed ownership without probate.

The other possibility is that, if creditor claims exceed available assets subject to probate, they simply will not probate. I see this happen in my work all the time. If there is northing to be had when all is said and done, nobody wants to do all that work.

Was she in a nursing home or hospital long term? She may have accrued care costs which exceed the available assets.

I appreciate your input. And you are correct, I don't have enough actual information regarding the type of assets and how they are being passed on. I am just hoping (though I'm losing hope) that there might be some way to preempt my ex from hiding his inheritance (which, regardless of what actual info I have - I believe he is getting something significant).

She was diagnosed with cancer about 3 weeks before she passed, and was only in the hospital for 2 days, so there were no extended medical bills.

 

[mrazy]

Try calling the CSU and giving them all the info you have regarding this. They might contact the local court.

This is a good idea, thank you. However, I tried the CSU here in Iowa, and they offered no help. The CSU in California were much more sympathetic, but couldn't do anything as Nevada is out of their jurisdiction.