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Invalid Holographic Will May Result in Entire Estate Going to State of Nevada

Holographic will was Jirina’s intent What was intended to be a holographic will, ended up being an invalid will. Jirina, the Decedent, apparently did some do-it-yourself estate planning before she passed away.  This DIY estate planning yielded an invalid will and may result in the entire estate going to the State of Nevada.  Certainly Jirina … Continue reading

Creditor Claims / Nevada Probate

Bankruptcy & Nevada Probate

Nevada probate law and bankruptcy (“BK”) law often interact, and, at the surface may seem contradictory. After all, probate matters are governed by state law while bankruptcy falls squarely within the powers of the federal government under Article 1, Section 8, Clause 4 of the United States Constitution (“The Congress shall have Power To…establish …uniform … Continue reading

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In Nevada, Can a Lender Invoke the “Due On Sale” Clause and Foreclose on a Home After the Owner Dies?

Most mortgages include a due on sale clause (sometimes also called an “acceleration clause” that says whenever the property is sold or transferred, the entire balance of the mortgage automatically becomes due.  What happens to a mortgage when the owner dies? Can the bank/lender immediately come in and foreclose on the property? It really depends … Continue reading

Nevada Probate

Notice to Creditors in Nevada Probate

Notice to creditors must be made by the personal representative under Nevada probate law.  NRS 147.010 (“A personal representative shall publish and mail notice to creditors…”). When a person dies (called the “Decedent”), they almost always leave some unresolved debts behind.  Those obligations may be as simple as monthly utility bills or may include more serious, … Continue reading

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In the Estate of Leroy G. Black, Deceased, 132 Nev., Advance Opinion 7 (2016)

Appeal from a district court order dismissing a will contest. Eighth Judicial District Court, Clark County; Gloria Sturman, Judge. Vacated and remanded. Goodsell & Olsen, LLP, and Michael A. Olsen and Thomas R. Grover, Las Vegas, for Appellant. Clear Counsel Law Group and Jonathan W. Barlow and Amy K. Crighton, Henderson, for Respondent. BEFORE PARRAGUIRRE, C.J., DOUGLAS and … Continue reading