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Attorney & Mediator, Attorney
Category: Estate Law
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Experience:  Have experienced in the subject matter.
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My Mother died last Sept 21 2010, I had full Power of Attorney

Customer Question

My Mother died last Sept 21 2010, I had full Power of Attorney at the time of her death. I cannot find her will. How do I get the form, or How do I become her Administrator of Estate ? I need a legal Document to send to the Mortgage Lender ASAP.
Submitted: 3 years ago.
Category: Estate Law
Expert:  Attorney & Mediator replied 3 years ago.
The power of attorney terminates upon her death. If she died without a will you will need to go to the probate court in the county where your mother lived upon her death. You will need to file a petition to probate her estate and letters of administration to be appointed as the administrator of her estate. You do not indicate in what state and county your mother lived at the time of passing, so I can't direct you to the court for further information. There are many how to probate books you can use at your local law library, they will contain the forms to get started if the county clerk self-help clinic was unable to help you.

Let me know the state and county were mom passed to see if I can get you direct information.






Please click accept, and I can help with further questions if you have them.

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Attorney & Mediator, Attorney
Category: Estate Law
Satisfied Customers: 20012
Experience: Have experienced in the subject matter.
Attorney & Mediator and 8 other Estate Law Specialists are ready to help you
Customer: replied 3 years ago.
Storey Couny,Nevada,USA
Expert:  Attorney & Mediator replied 3 years ago.
Thank you for your response.

Storey county website does not mention having a probate court is storey county close to Clark county?


Customer: replied 3 years ago.
No, Storey County is near Reno,NV. & that would be Washoe County.NV.
Expert:  Attorney & Mediator replied 3 years ago.
Thank you for your reply.

Washoe county does not offer the forms. This means you will have to go to the local law library and ask for the probate law books on how to administer the estate. As an example using Clark county you can see the forms needed to initiate the process below:

Notice of hearing appointing the administrator here

Order approving appointment here

Letters of administration here


The law about the process here

_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Customer: replied 3 years ago.
Thank You very much ! I've downloaded the results, very helpful. I also called the Storey County Clerk & she said I have to get a new Appraisal for the home & submit that to the Storey Co. Court, then pay the filing fee's. Then we can go from there. She said that they use the court system through Carson City, NV. Also, my Mom & I were listed together on the Deed at Storey County. So, this is a good thing in my favor. I've heard that upon her death, the Property goes directly over to my name. Be that as it may, do I still have to put it through Probate ?
Expert:  Attorney & Mediator replied 3 years ago.
If all she has is the house you don't have to be it into probate if the deed says something such as "A and B with rights off survivorship". This means the property will transfer automatically to the other owner. If your deed does not reference survivorship rights then yes you have to proceed with probate.


_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

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