Sheffield, TX Estate Planning Law Firms & Lawyers

In Nevada, a non-Nevada resident can serve as the personal representative of an estate in one of two ways. First, if there is a will that designates you to serve as the executor of the will, then you can serve as the executor of the will even if you do not live in Nevada. Second, if there is no will you can be appointed to serve as administrator of the estate but you will be required to have a Nevada resident serve with you as a co-administrator. In either situation, you will have to be otherwise qualified to serve, which means that you are an adult, that you do not have a disqualifying felony conviction, and that you do not have a conflict of interest or other reason that would make you unqualified to serve. In addition, if there is no will the Nevada statutes have a priority list of who is entitled to serve as the administrator of the estate. If there are individuals who have a higher priority to serve, you may not be entitled to serve if that person has also petitioned the court to be appointed. In any situation, it is important to consult with an experienced probate lawyer who practices primarily in probate law to ensure that you receive the best advice. An experienced probate lawyer will be able to guide you through all of these issues and ensure that your ability to serve as personal representative of the estate is protected.

The court will only give you instructions on whether or not you need to file an inventory. As executor/administrator you should hire an attorney to advise you on how to proceed. The will may say whether you are to be paid or not. Often times even when the will says the executor can be paid, if the executor is also an heir and it is family, they often waive the fee. If there is no will then you are likely eligible for a statutory fee of up to 5% of the value of the estate (ie. the proceeds that you collect from selling assets).

You will have to provide more details for a firm answer, but in general if it is his debt only it will be a claim against his estate, and no others. Now is the time to put a plan in place and review his, and your mother's situation. Make an appointment with my offices, or call an attorney with all of the facts for specific advise and counsel.