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In nevada if a person is named to be executor should the two…

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In nevada if a...

In nevada if a person is named to be executor should the two daughters not agree per the will mother appointed me to be executor. Do both sisters need to agree to have me as executor or does the statement on the will automatically falls in place.

Lawyer's Assistant: Has anything been filed or reported?

Yes it has been a year and the two sisters do not agree on anything current attorney that wrote the will has dragged this on and states that both sisters must agree which is strange since it is stipulated in the will.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Nevada

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

One sister has had people move into the home and allowed them to break in to gain entry the other sister knew nothing and is told nothing can be done...? Correct or not...

Submitted: 3 months ago.Category: Legal
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1/7/2018
Lawyer: Barrister, Attorney replied 3 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,028
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Are the daughters fighting over the will?

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Has anyone actually filed a probate case in court to be appointed as executor?

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thanks

Barrister

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Customer reply replied 3 months ago
daughters are not fighting over the will they just cannot agree on disposition of estate thus per the will I am named to be exefutor should this arise. Case was filed by the attorney that wrote the will. After almost a year one sister just stopped trying to work with the other sister that has had persons move into the home and live there while the younger sister is not informed and knows nothing of this matter and attorney doing nothing to have house vacated etc...
Customer reply replied 3 months ago
are you a licensed attorney in nevada
Lawyer: Barrister, Attorney replied 3 months ago

Sorry for the delay.. just a minute

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Lawyer: Barrister, Attorney replied 3 months ago

Are you saying that the probate case has been filed, been going on for over a year, and has not been settled yet?

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Who is the actual executor who was appointed by the judge when the attorney filed the case?

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Was one of the daughters appointed, or the attorney (which would be odd) or someone else?

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And no, I am not currently located in NV. We aren't allowed to represent customers in an attorney/client relationship, but any information would be based on NV law or general probate law principles that are uniform across the US.

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thanks

Barrister

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Customer reply replied 3 months ago
like to know if both sisters need to agree on my being executor. will states all assets to be equally divided by the sisters IF they are unable to agree, which is the case, then I am to be the executor.So question is do they or do they not have to agree on my assuming this role as designated in the mothers will. What is the Nevada statute in this matter?
Lawyer: Barrister, Attorney replied 3 months ago

Ok, then no, the will is clear on its face that if they are not agreeing on how to divide the estate, then you can file a petition with the local probate court to remove whoever is appointed as executor now (you don't say) and replace them with you.

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The will doesn't state that they have to agree that they want you, just that if they can't agree, then the role of executor defaults to you.

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And this isn't going to be covered by a NV Statute that says "If a will says X and the parties can't agree, then Y gets to take over"... the law just simply isn't that specific. But the will is clear in its language and at this point you would just need to file your motion to remove the existing executor and replace them.

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You would send notice to both the daughters of your motion and the clerk sets up a hearing date to hear your motion. Then everyone appears and tells their story with the judge making a decision on whether or not to remove and replace the executor.

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But court isn't like it is on TV... you don't have to run in waving around statutes and case law to prove your point. You just file your motion along with a copy of the will and state that they haven't been able to agree on the disposition of the estate so you are filing your motion to take over to ensure that the estate is settled as promptly as possible.

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thanks

Barrister

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Customer reply replied 3 months ago
the will states clearly the daughters to agree on their own then if no agreement reached I am to be executor. no previous executor just stated the daughters split things up and work things out if not then i am named as executor.
Lawyer: Barrister, Attorney replied 3 months ago

Ok, here is the thing... the way probate works is that someone is initially named in the will as executor... otherwise there is no one with any legal authority to do anything... That is a universal concept.. So a will starts out by saying "I XXXXX being of sound mind..... etc.... state that this is my last will and testament""\

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Then it goes on in the next paragraph to state who is to be the executor of the estate....always.. So it sounds like the daughters might have been named as co-executors of the estate, and if they can't agree, then you are named as successor executor. That is the only thing that makes sense here because if there is real estate, someone has to be able to sign a deed (i.e. the executor) to transfer it from the estate to the heirs..

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So there is no way that an executor has not been named to administer the estate... it just doesn't happen. If there wasn't one named, then the judge would appoint a public administrator, usually a local attorney, to settle the estate if one of the heirs didnt' want to be executor.

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Customer reply replied 3 months ago
ok i understand as the daughters were co executor then to me if no agreement reached. So i take it that the sisters as co-executors do not have to agree as it is clearly stated in the will. So i see a court hearing is required....
thank you
Lawyer: Barrister, Attorney replied 3 months ago

Correct, if they can't agree how to settle the estate, you file your motion to remove both of them and replace them. Then you step in and finish settling the estate according to the terms of the will (and your discretion) so that the estate is finally finished, everyone gets their inheritance, and you can close the estate.

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And you are very welcome..

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Have a great Sunday!

Barrister

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Lawyer: Barrister, Attorney replied 3 months ago

Did you have any further questions I can help with?

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Thanks much

Barrister

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