Probate in Nevada http://www.probate-in-nevada.com Attorney Thomas R. Grover, Esq. Tue, 08 Aug 2017 16:24:54 +0000 en-US hourly 1 August 11, 2017 Clark County Probate Court Approved List http://www.probate-in-nevada.com/august-11-2017-clark-county-probate-court-approved-list/ Mon, 07 Aug 2017 19:54:33 +0000 http://www.probate-in-nevada.com/?p=1125 UPDATE:  The problems with the District Court website have apparently been fixed.  You can access the most up-to-date version of the Clark County Probate Court Approved List here or here.

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UPDATE:  The problems with the District Court website have apparently been fixed.  You can access the most up-to-date version of the Clark County Probate Court Approved List here or here.

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August 4, 2017 Clark County Probate Court Approved List http://www.probate-in-nevada.com/august-4-2017-clark-county-probate-court-approved-list-2/ Thu, 03 Aug 2017 18:26:15 +0000 http://www.probate-in-nevada.com/?p=1121   NAME PAGE NOTES ACHREM, JOHN 108 CONTINUED TO AUGUST 11 ANGEL, GAIL 63 OK ASGAR, JALAL 50 OK BACHTELL, KEITH 107 OK BAKER, GUSSIE 37 OFF CALENDAR BANDELIN, STEVEN 59 OK BENDER, HERBERT 2ND&hellip

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NAME

PAGE

NOTES

ACHREM,
JOHN

108

CONTINUED
TO AUGUST 11

ANGEL, GAIL

63

OK

ASGAR,
JALAL

50

OK

BACHTELL,
KEITH

107

OK

BAKER,
GUSSIE

37

OFF
CALENDAR

BANDELIN,
STEVEN

59

OK

BENDER,
HERBERT 2ND REVOCABLE TRUST

114

COURT’S
DISCRETION

BEST,
RICHARD

28

BIDS

BILAK,
MILTON

106

OFF
CALENDAR

BISHOP,
RICHARD

43

OK

BRADLEY,
KENNETH

17

OK

BRIGHT,
DONALD

82

OK

BRIZZOLARI,
JOHN

70

OK

BUELL,
FLOYD

10

OK

CAPUTA,
ANNE

56

OK

CARLIS,
JEFFREY

29

OK

CASTRO,
MARIA

74

CONTINUE TO
AUGUST 11 (LATE MAILING)

CHESSHER
JR., HUBERT

79

OFF
CALENDAR GOES TO WASHOE

DANE,
TIMOTHY

26

BIDS (2)

DAVIS,
TRACY

92

OK

DEFESTA,
AYSHA

40

OK, NEED
ORDER SIGNED BY ATTORNEY

DEWARD,
PATRICIA

66

OK

DICKERSON,
SHEY

21

OK

DOLLAR, THI

83

OFF
CALENDAR

DONOVAN,
NADINE

100

OK

DOW, KEITH

49

OK, NEED
ORDER

DUDECK,
JOHN

99

CONTINUED
TO AUGUST 18 PER COURT

EILERS,
STEPHEN

30

OK

ENTIS,
EVELYNE

16

OK

ERRICO,
DIANA

75

CONTINUED
TO AUGUST 11

FOLKS JR.,
CASEY

58

OK, NEED
NEW ORDER LETTERS OF ADMINISTRATION C.T.A.

FORD,
GERALDINE

20

OFF
CALENDAR

FRENZA,
PENNIE

52

BIDS

GAFFIN,
PAUL & RENEE REVOCABLE TRUST

113

OK

GALVEZ,
ANTONIO

01

COURT’S
DISCRETION

GARONE,
ALFRED

32

OK

GLUSHIEN,
THOMAS

76

OFF
CALENDAR

GODBER,
JOHN

51

OK

GREEN,
MARIE

110

OK, NEED
NEW ORDER WITH ATTORNEY SIGNATURE

GRIFFIN,
SHARON

94

OK

GUNNELL,
KENNETH

73

OK

HAYES, MICHAEL

02

OK

HENSON,
TREVOR

96

OK

HERNANDEZ,
CARLOS

44

OK

HOLLID,
MARA

35

CONTINUED
TO SEPTEMBER 01

HUEGEL,
JOANNE

41

OK

HULL,
DENNIS

34

OK, NEED
ORDER

JACKSON,
RONALD

54

OK

JAMES,
LEILA

57

OK, NEED
ORDER

JARRETT,
GWYNNE

84

OK

JOHNSON,
EARNEST

89

OK

JONES,
JANICE

116

OK

JORDAN,
LYLE

39

OK

JPB TRUST,
SURVIVOR’S TRUST

81

COURT’S
DISCRETION

JTD III
LIVING TRUST

111

OK, NEED
ORDER

JUAREZ,
ALEJANDRO

61

OK, NEED ORDER

KALLEVIG,
RANDEL

25

OK, NEED
ORDER

KELLOGG,
PATRICIA

87

OK

KENNINGTON,
THOMAS

53

OFF
CALENDAR

KIDD,
STEPHEN

90

OK

KING, RILEY
REVOCABLE TRUST

06

NEED IN
CAMERA FOR RESOLUTIONS

COURT’S
DISCRETION

KOLB,
RICKEY

65

CONTINUED
TO AUGUST 11

KRANDALL,
COREY

24

OK, NEED
ORDER

KUERSCHNER,
DOUGLAS

42

OK

LEDUC,
MICHAEL

05

OK

LUEFTNER,
WALTRAUD

97

OK

MANZELLA,
SALVATORE

103

OK

MARTZIAL
JR., TERRENCE

105

OK

MASTIN,
ROGER

60

BIDS

MATLOVIC,
SONIA

86

OK

MAURICE,
CARMELA

03

OK

MCGAUGHEY,
MORRIS

33

OK

MCSWEEN,
ANDRE

22

OK

MIHALIK,
BRUCE

62

CONTINUED
TO AUGUST 18

MONTGOMERY,
EDWIN

69

OK, NEED
ORDER

MONTI JR.,
JOSEPH

98

CONTINUED
TO AUGUST 11

MUNOZ,
FELIX

115

OK

NORMAN,
JACQUELYN

88

OK

OLSEN,
JACQUELINE

14

OFF
CALENDAR

ORTIZ,
JULIAN

07

OK, NEED
ORDER

OSTER,
HELEN

12

OK

PAPPAS,
JAMES

38

OK

PASHALIEV,
BLAGOY

64

OK, NEED
ORDER

PAULL, GERALDINE

95

OK

PAYTON,
MARGIE

45

CONTINUED
TO AUGUST 11

PITCHFORD,
MARK

102

CONTINUED
TO AUGUST 11

RHEA,
BARBARA

36

CONTINUED
TO AUGUST 11

RICHEY,
JACK

68

OK, NEED
ORDER WITH ATTORNEY SIGNATURE

RODDA, JOHN

08

CONTINUED
TO AUGUST 18

SCHMIDT,
BETTY

09

OK, NEED
ORDER

SHARPE,
VIRGINIA

19

OK, NEED
ORDER

SIFFORD,
CURTIS

04

OFF
CALENDAR

SIMMONS,
ROSEMARY REVOCABLE LIVING TRUST

72

OK

SIMS,
HAROLD

101

OK

SMITH,
GARTH

46

BIDS

SOGNEFEST,
PETER

27

  1. BIDS,
    NEED SEPARATE ORDER
  2. COURT’S
    DISCRETION

SPIEWAK, CHESTER

80

CONTINUED TO AUGUST 18

STERN, VERA

93

OK FOR SET ASIDE

STRATTON, IDA

91

OK

SWANSON JR., KENNETH

23

OK, NEED ORDER SIGNED BY THE ATTORNEY

TAM, SIU

71

OK

TARABAN, SALLY

85

OK

TEIGEN, GEORGE

48

OK

TREPES, CAROL LIVING TRUST

55

CONTINUED TO AUGUST 25

WALKER, JOHN

77

OK

WALKER, TOSHI

47

BIDS

WANG, QINGBIN

11

OK

WEGLIN, DONALD

112

OK

WHITT, DEVORE

109

CONTINUED TO AUGUST 11

WILSON, JOHNIE

31

OK

WZ LIVING TRUST

15

COURT’S DISCRETION

YARBROUGH, MERVIL

67

OK

ZAFRAN, NATHAN REVOCABLE LIVING TRUST

104

COURT’S DISCRETION

ZENKER, HARRY

78

OK, NEED ORDER

ZITO, JOSEPH

18

OK

ZURAWSKI, NATALIA

13

OFF CALENDAR

 

 

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Funeral Expenses: What’s Reasonable? http://www.probate-in-nevada.com/funeral-expenses-whats-reasonable/ Sat, 20 May 2017 03:26:08 +0000 http://www.probate-in-nevada.com/?p=1096 Nevada probate law provides a provision for reimbursement of funeral expenses. Funerals usually occur within a few days of death. Often, a family member will personally incur funeral expenses weeks prior to the beginning of&hellip

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Nevada probate law provides a provision for reimbursement of funeral expenses. Funerals usually occur within a few days of death. Often, a family member will personally incur funeral expenses weeks prior to the beginning of formal probate proceedings. Most often, a family member pays the funeral expenses.  Later, the family member may seek reimbursement from the estate.  In fact, funeral expenses have priority over almost all other creditors and expenses.  The estate pays creditors based upon “priority” of type of debt/expense when there are insufficient funds to pay all obligations.

Funeral expenses have priority over all creditors and expenses except expenses of administration (attorneys’ fees and personal representative fees):

NRS 147.195.  Debts and charges of estate: Priority of payment.  The debts and charges of the estate must be paid in the following order:

      1.  Expenses of administration.

      2.  Funeral expenses.

      3.  The expenses of the last illness.

      4.  Family allowance.

      5.  Debts having preference by laws of the United States.

      6.  Money owed to the Department of Health and Human Services as a result of the payment of benefits for Medicaid.

      7.  Wages to the extent of $600, of each employee of the decedent[….]

      8.  Judgments rendered against the decedent in his or her lifetime[…]

      9.  All other demands against the estate.

My colleague Christopher J. Phillips, Esq., recently brought to my attention a case he litigated that involved a dispute over the reasonableness of funeral expenses (Case No. P-16-087428-E).  For the purposes of this post, I am going to change the names of the parties.

Dad died in August of 2015.  He left a modest estate worth approximately $33,000.00.  The Probate Court must distribute, or “set aside,” estates worth less than $100,000.00 to the surviving spouse or minor children.  Dad did not leave a surviving spouse, but did leave a minor child, Son.

Mr. Phillips petitioned the Probate Court to “set aside” the entire estate to Son, his client.  Grandma, Dad’s mother, objected and asked the Court to reimburse funeral expenses to her.  Grandma submitted documentation for $20,000.00 in funeral expenses.  Thus, she requested that the Court distribute 2/3 of the Estate to her.  Mr. Phillips argued this request was unreasonable.

The Probate Court refused, reasoning that $20,000.00 of funeral expenses in a $33,000.00 estate was unreasonable.

From the Clark County Probate Court Minute Order:

….As to [Grandma’s] request for funeral expenses and Mr. Phillips’ opposition, [PROBATE] COMMISSIONER RECOMMENDED, FUNERAL EXPENSES LIMITED TO TEN PERCENT (10%) OF THE VALUE OF THE ESTATE. As to Mr. Phillips’ Petition for Payment of Attorney Fees and Costs, COMMISSIONER RECOMMENDED, APPROVED. 6/9/17 9:30 AM Petition to Set Aside Estate Without Administration to Partial Exclusion of Creditors (NRS 146.070(9)).

Thus, the Probate Court reimbursed Grandma for only $3,300.00 of the $20,000.00 in funeral expenses she incurred.

Nevada probate law reimburses reasonable funeral expenses.
Nevada probate law reimburses reasonable funeral expenses.

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Nevada Probate Sales Presentation http://www.probate-in-nevada.com/nevada-probate-sales-presentation/ Thu, 27 Apr 2017 15:07:40 +0000 http://www.probate-in-nevada.com/?p=1098 These slides are from a presentation that I gave to a group of real estate agents on April 27, 2017.  

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These slides are from a presentation that I gave to a group of real estate agents on April 27, 2017.

 

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Nevada Intestacy Laws http://www.probate-in-nevada.com/nevada-intestacy-laws/ Tue, 07 Mar 2017 15:00:58 +0000 http://www.probate-in-nevada.com/?p=1075 Nevada Intestacy laws address the problem which arises when a person dies without a Last Will & Testament. Many people die without a Will.  Thus, there are no instructions as to how the person wanted&hellip

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Nevada Intestacy laws address the problem which arises when a person dies without a Last Will & Testament. Many people die without a Will.  Thus, there are no instructions as to how the person wanted their assets distributed upon death.  Nevada intestacy laws distribute the assets of a person who dies without a will.  The charts below describe the difference scenarios and distribution schemes.

Nevada Intestacy Laws: Surviving Spouse and…

…the estate is worth less than $100,000.00.

The entire estate is “set aside” to the surviving spouse (and any minor children) for their support. Creditors receive no payment. NRS 146.070.

…only one child.

½ to the surviving spouse and ½ to the child. NRS 134.040(1).

…more than one child.

1/3 to the surviving spouse and 2/3 to the children, divided in equal shares. NRS 134.040(2).

…no children, but two living parents.

½ to the surviving spouse, ¼ to each surviving parent. NRS 134.050(1).

…no children, but one living parent.

½ to the surviving spouse, ½ to the surviving parent. NRS 134.050(2).

…no children, no living parents, but living siblings.

½ to the surviving spouse, ½ in equal shares to the surviving siblings. NRS 134.050(2).

…no children, living parent, or living sibling.

100% of the estate goes to the surviving spouse. NRS 134.050(4).

Nevada Intestacy Laws: NO Surviving Spouse and…

…the estate is worth less than $100,000.00.

The entire estate is “set aside” to the heirs, however, the Court may order payment to known creditors. NRS 146.070.

one child.

100% of the estate goes to the child. NRS
134.090.

…more than one child.

The children receive equal shares. NRS 134.090. If any of the children predecease the parent, and they also have their own children (grandchildren of the decedent), the child’s share passes to the grandchildren who divide the child’s
share equally. NRS 134.100.

…no children.

100% of the estate goes to the living parents, in equal shares. NRS 134.050(3).

…no living parent, no children.

100% of the estate goes in equal shares to the siblings, living or deceased. The children of the deceased siblings take their parents share in equal shares. NRS 134.060

…no living immediate family members (parents, siblings, children).

“…next of kin in equal degree,” with preference for those claiming through the nearest ancestor. NRS 134.070.

…no kindred of any kind.

The entire estate escheats to the State of Nevada for educational purposes. NRS 134.120.

 Additional Notes on Nevada Intestacy Laws:

  • Adopted children have all the same Nevada probate rights as biological children under Nevada intestacy laws. NRS 134.190, NRS 127.160.
  • However, biological children not acknowledged during life have no rights.  Thus, for purposes of Nevada intestacy laws, it is too late to establish paternity after death.  See In re: Estate of Murray, 131 Nev., Advance Opinion 8 (2015).
  • Ex-spouses have no rights and receive nothing under Nevada intestacy laws.
  • Stepchildren, if not formally adopted, have not rights under Nevada intestacy laws.
  • Nevada is a community property state. Thus, 1/2 of the community property passes outside probate before any of the above distributions are made. NRS 123.250.
Nevada intestacy laws govern how property is distributed in Nevada probate after a person dies without a Last Will & Testament.
Nevada intestacy laws govern how property is distributed in Nevada probate after a person dies without a Last Will & Testament.

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Clark County Probate Court Audit Underway http://www.probate-in-nevada.com/clark-county-probate-court-audit-underway/ Tue, 28 Feb 2017 15:39:05 +0000 http://www.probate-in-nevada.com/?p=1055   An audit of all open probate cases in Clark County, Nevada is underway.  The Probate Section of the State Bar of Nevada held a Bench/Bar Meeting on February 6, 2017.  The meeting addressed and&hellip

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Probate Commissioner Wesley Yamashita addresses the Probate Bench/Bar meeting in Las Vegas, Nevada on February 6, 2017.
Probate Commissioner Wesley Yamashita addresses the Probate Bench/Bar meeting in Las Vegas, Nevada on February 6, 2017.  The Court is currently performing an audit of all probate cases in Clark County, Nevada.

An audit of all open probate cases in Clark County, Nevada is underway.  The Probate Section of the State Bar of Nevada held a Bench/Bar Meeting on February 6, 2017.  The meeting addressed and provided information about the ongoing audit.

The District Court hired a full-time employee in October 2016 to begin auditing the probate cases which are currently open in the Clark County Probate Court.  According to the information presented, there are approximately 12,000 probate cases which are open.

The audit has identified three categories of unresolved probate cases:

  • In the first group, probate administration is complete.  However, formal closure has yet to occur.
  • In the second group, someone has filed a probate petition. However, Letters of Administration/Letters Testamentary have not issued.
  • In the third group, the Court has issued Letters.  However, for whatever reason, administration is not complete and the Court has not issued a final discharge order.

The judges are concerned with the audit’s third category.  In these cases, someone started administration of the estate.  However, for whatever reason, the administration is not complete. The Court may schedule a hearing to inquire as to the reasons why administration of the estate is not complete. If necessary, the Court may issue an Order to Show Cause if issues remain unresolved.

Additionally, Judge Gloria Sturman reminded everyone that through this process, the Court will close some cases as “statistically closed” under EDCR 2.90. 1)“Any civil case which has been pending for more than 12 months and in which no action has been taken for more than 6 months may be dismissed, on the court’s own initiative, without prejudice.” EDCR 2.90(a). However, EDCR 2.90 does not apply to probate matters.  A statistical closure doesn’t necessarily indicate an adjudication on the merits.  It’s simply a matter of docket management.  See Brown v. MHC STAGECOACH, LLC, 301 P. 3d 850 (Nev. 2013). A party or attorney must file a motion to reopen a statistically closed case.  Accordingly, the motion must simply state the reason why you want the case reopened.

 

 

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References   [ + ]

1. “Any civil case which has been pending for more than 12 months and in which no action has been taken for more than 6 months may be dismissed, on the court’s own initiative, without prejudice.” EDCR 2.90(a).

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Nevada Probate Inventory Contents http://www.probate-in-nevada.com/nevada-probate-inventory/ Tue, 21 Feb 2017 16:17:21 +0000 http://www.probate-in-nevada.com/?p=1019 The purpose of the Inventory is to provide information about assets of the Estate to the Court, beneficiaries, heirs and creditors.  The initial probate petition does include some information about estate assets. However, the Personal&hellip

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An Inventory lists the assets of a Nevada probate estate.
An Inventory lists the assets of a Nevada probate estate.

The purpose of the Inventory is to provide information about assets of the Estate to the Court, beneficiaries, heirs and creditors.  The initial probate petition does include some information about estate assets. However, the Personal Representative must file a more comprehensive list, called an Inventory.

Contents of a Nevada Probate Inventory

The Inventory must list every asset of the Estate.  For each asset, the following information must be provided:

  • A description of the asset. For financial accounts, usually the Inventory will contain the name of the financial institution (such as a bank) and the last four digits of the account number.
  • The amount of any encumbrance on the asset. For example, if the Decedent owned a home, and there is a mortgage, the Inventory must list the mortgage and the balance owed.
  • The Estate’s interest in the asset. For example, if the Decedent (person who passed away) owned a business with his brother, the Inventory may list “Vandalay Industries” as an estate asset and that the Estate’s interest is 50%. Additionally, the Inventory should disclose the community property interest in any listed estate.
  • The value of the asset. For financial accounts, determining the value is certain and easy.  However, for other assets, an appraisal may be necessary to ascertain value.  Appraisals can be cumbersome in both time and cost.  Assets are valued as of the date of death. NRS 144.025(1). The Inventory does not include assets worth less than $500. NRS 144.030(2). Thus, an Inventory does not include most personal and household items.

Duty to File an Inventory

The Personal Representative must file an Inventory with the Court within 60 days of the beginning of probate. NRS 144.010(1).  Within 10 days of filing the Inventory with the Court, the Personal Representative must serve all interested parties with a copy of the Inventory. NRS 144.010(2).  The Court may, at it’s discretion, remove the Personal Representative for failure to file an Inventory within 60 days. NRS 144.080. Wolzinger v. Eighth Judicial Dist. Court, 105 Nev. 160, 164 (Nev. 1989) (“Both the order of suspension and the order to show cause are based on Melvin Wolzinger’s failure to file an inventory within sixty (60) days after his appointment as executor as mandated by NRS 144.010…”).

The Court, beneficiaries, heirs, creditors and other interested persons depend upon a timely and accurate inventory.  As such, the Personal Representative is required to swear, under penalty of perjury, that the Inventory is accurate. NRS 144.070.

Newly Discovered Assets

The Personal Representative may not have discovered all Estate assets at just 60 days into administration of the Estate.  Therefore, when additional assets are discovered, the Personal Representative must file an Supplemental Inventory within 20 days of discovering the new asset. NRS 144.090.

Inventory As Accounting Baseline

When the Personal Representative files an accounting with the Court, she uses the Inventory as the baseline. Thus, the Personal Representative must file an accounting within six months of appointment. NRS 150.080. The first accounting, sometimes the only accounting, uses the inventory as the baseline from which the accounting is measured.

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More Details on the 2017 Probate & Guardianship Changes in Clark County District Court http://www.probate-in-nevada.com/2017-clark-county-probate-guardianship-reorganization/ Tue, 14 Feb 2017 15:21:29 +0000 http://www.probate-in-nevada.com/?p=984   Recently, probate and guardianship matters in Clark County District Court were reorganized. The reorganization is detailed in an administrative order issued by outgoing Chief District Judge David Barker. Last week, more information about the&hellip

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Judge Gloria J. Sturman addresses the Probate/Guardianship Bench-Bar Meeting on February 6, 2017 at the Regional Justice Center in Las Vegas Nevada.
Judge Gloria J. Sturman addresses the Probate/Guardianship Bench-Bar Meeting on February 6, 2017 at the Regional Justice Center in Las Vegas Nevada.

 

Recently, probate and guardianship matters in Clark County District Court were reorganized. The reorganization is detailed in an administrative order issued by outgoing Chief District Judge David Barker. Last week, more information about the reorganization was provided at a Probate/Guardianship Bench-Bar meeting.  The information below is from the notes I took at that meeting.

Probate & Guardianship Matters Now Heard By Three Judges

All probate and guardianship matters will now be heard by three judges: Judge Gloria J. Sturman (District Court Department 26), Judge William S. Potter (Family Court Department M) and Judge Vincent Ochoa (Department S).  Probate matters will be randomly assigned according to the following proportion:

  • 80% of probate matters will be assigned to Judge Sturman in Department 26.
  • 10% of probate matters will be assigned to Judge Potter in Department M.
  • 10% of probate matters will be assigned to Judge Ochoa in Department S.

The three judges will also divide guardianship matters, though the proportion isn’t clear at this point.

The Role of the Probate Commissioner Remains Unchanged

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Probate Commissioner Wesley Yamashita’s job will remain unchanged even though all probate matters will now be divided among three judges/departments.

In Clark County, there are around 150 probate matters on calendar each week.  The overwhelming majority of these cases are simple, unopposed administrative matters.  Nonetheless, the sheer volume of the calendar is prohibitive for a judge to handle by themselves, particularly when they have other non-probate cases.  Thus, all probate matters are initially referred to the Probate Commissioner, who acts under the direction of the three probate judges.  The Commissioner then makes decisions in uncontested matters and recommendations in litigated matters.  Those decisions may be reviewed by one of the judges.

Thus, under the reorganization, Commissioner Yamashita will continue to initially hear all probate matters even though those matters have been assigned to one of the three judges.  In short, Commissioner Yamashita will hear probate matters for Departments 26, M & S.

Three Judges and Probate Commissioner Now On 10th Floor of the Regional Justice Center

Conveniently, all three judges and the Probate Commissioner will use the Courtrooms on the 10th floor of the Regional Justice Center in downtown Las Vegas. Judge Sturman, Judge Potter and Judge Ochoa will have chambers on the 10th floor.  Commissioner Yamashita and his staff will continue to be housed in the Phoenix Building, which is directly across the street from the Regional Justice Center.

Previously, probate matters were heard by Judge Sturman and Commissioner Yamashita at the Regional Justice Center (200 Lewis Ave, Las Vegas, NV 89101).  Meanwhile, guardianship matters were heard four miles away at the Family Courts & Services Center (601 N Pecos Rd, Las Vegas, NV 89155).

Physically consolidating probate and guardianship matters on the 10th floor of the Regional Justice Center will result in increased efficiency and convenience for the public, the judges and their staff and attorneys.  It’s a smart move.

At the February 6 Bench-Bar meeting, Judge Gonzales said that the Clerk’s office at the Regional Justice Center will be able to file both probate and guardianship matters.  Additionally, Guardianship matters can still be filed at the Clerk’s Office at the Family Courts & Services Center.

Probate & Guardianship Matters Cannot Be Consolidated, But May Be Heard By the Same Judge

In many states, such as California, probate/trust and guardianship matters can be consolidated.  This allows for increased efficiency, particularly in contested matters.  Though Nevada law does not allow for probate and guardianship matters to be formally consolidated, this new reorganization allows for the same judge to preside over both a probate/trust matter and the corresponding guardianship matter.

Previously, if a person became incapacitated, the trust portion would be heard by Judge Sturman/Commissioner Yamashita at the Regional Justice Center while the guardianship component would be heard by Judge Steel at the Family Courts and Services Center.  This resulted in inefficiency and confusion.

Though probate/guardianship matters can’t be formally consolidated, a party or their counsel can file a file a Notice of Related Cases in order to make sure related matters are heard in the same department.  Thus, one judge will preside over both the probate and guardianship components.

All probate and guardianship matters will now be heard on the 10th floor fo the Regional Justice Center in downtown Las Vegas, Nevada.
All probate and guardianship matters will now be heard on the 10th floor of the Regional Justice Center in downtown Las Vegas, Nevada.

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2017 Nevada Legislature Executive Summary of BDR 738 (Probate & Trust Law) http://www.probate-in-nevada.com/2017-nevada-legislature-executive-summary-bdr-738-probate-trust-law/ Wed, 08 Feb 2017 00:56:45 +0000 http://www.probate-in-nevada.com/?p=957 The Probate Section of the State Bar of Nevada held a meeting in Las Vegas on Monday, February 6, 2017.  The embedded document below was distributed at the meeting.  The document provides and executive summary&hellip

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The Probate Section of the State Bar of Nevada held a meeting in Las Vegas on Monday, February 6, 2017.  The embedded document below was distributed at the meeting.  The document provides and executive summary of the proposed changes to Nevada probate and trust law for Bill Draft Request 738, which presumably will shortly become an actual bill.

I will post updates as this legislation progresses through the 79th (2017) Session of the Nevada Legislature.

 

 

The Nevada Capitol Building in Carson City, Nevada. The 79th (2017) Session of the Nevada Legislature has begun.
The Nevada Capitol Building in Carson City, Nevada. The 79th (2017) Session of the Nevada Legislature has begun.

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Joint Guardianship, Probate, Trust, Elder Law Bench/Bar Agenda, Monday February 6, 2017 http://www.probate-in-nevada.com/join-guardianship-probate-trust-elder-law-benchbar-agenda-monday-february-6-2017/ Thu, 02 Feb 2017 02:58:08 +0000 http://www.probate-in-nevada.com/?p=946 The post Joint Guardianship, Probate, Trust, Elder Law Bench/Bar Agenda, Monday February 6, 2017 appeared first on Probate in Nevada .

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A probate-guardianship bench/bar meeting will be held Monday, February 6, 2017 at the Regional Justice Center.
A probate-guardianship bench/bar meeting will be held Monday, February 6, 2017 at the Regional Justice Center.

The post Joint Guardianship, Probate, Trust, Elder Law Bench/Bar Agenda, Monday February 6, 2017 appeared first on Probate in Nevada .

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