Any Nevada law re:an heir threatening a sibling heir to estate with exclusion unless they sign a form?

My wife's mother, a Nevada resident, passed away in Oct 06. There are 3 heirs, her children. One my wife, a brother who is slightly challenged socially and lived with mom, and a brother who is at best, cutthroat in his dealings. He has done everything to take over the proceeding, including wanting to have a "firesale" on the household while mom was still in her death bed. The will is non-specific, and only says the estate should be divided among the three. It is a small estate, hardly worth a lot of fight, but Mr Cutthroat has hijacked all accounts and documents. He has forced his less savvy brother to sign a paper stating the estate has no bills, and is under $20K, to avoid probate court. The threat was "if he did not sign, then he would get nothing from the estate." This scared him, and being a bit "slow" he signed it, but it is clear that mom left several accounts unpaid, mortgage on mobile hm, and vehicle loan. It is a felony to file false papers. Has Cutthroat broken any laws?

An estate of $20,000 or less can qualify for Nevada's "summary administration". Most, perhaps all, states have similar laws, avoiding the formality of a full probate. But it's still probate, and creditors must still be notifed and heard. And paid.

All interested parties -- certainly all heirs -- must be notified and have a right to an accounting. Nobody can be disadvantaged for refusing to waive rights or being made to disclaim inheritance.

The mortgagee of the loan on the mobile home is protected by the security. The others can go after the heirs for the money they got before and after your wife's mother died.

Cutthroat apparently has defrauded creditors and abused his position. File a motion -- a letter will do -- with the probate court detailing what you told us. Cutthroat will be fired as executor and perhaps a guardian will be appointed for the "slow" brother.

The court will probably assign a lawyer friend of the judge to act as executor or else to investigate and file a report. The fees paid to that person could well exhaust the estate. Sad, but that's life. Ever since Jarndyce v. Jarndyce: Dickens's "Bleak House".

Well, the question will likely be, do you want to shell out the money to make this into a fight?

Is Mr. Cutthroat the executor of the estate as named in the will? Even if he is, then any of the heirs has standing to bring this matter to the attention of the probate court.

Now, aside from just being a jerk, I wonder why Mr. Cutthroat is being so anxious to avoid probate court, aside from the costs of attorneys etc. The estate is still responsible for payment of final debts, taxes, etc, before any proceeds of the estate can be distributed.

I suggest that you contact a Nevada lawyer who practices probate law, and have him/her review the situation, including the will. It may be that you need to file a petition in probate court. If the brother tries to bring in the paper signed under coercion, you can introduce the evidence of coercion at that time.

For a referral to an attorney, contact your local or state bar association.

First of all, any lawyer who represents CutThroat is committing a crime as well. If her will says that the estate gets split up in 3, then it must.

Second of all, you said the brother that lived there is mentally challenged, then whatever he signed is VOID. He is incapable. In any agreement, everyone knows that anyone who is a minor or disabled, will make the agreement VOID.

Third, what is your wife doing? She should go speak with someone IMMEDIATELY. Go speak with a lawyer that does Estate Law. The brother and her can intervene and technically b4 any property gets sold, if there are liens/mortgages/taxes unpaid, they would get paid first, as long as they are recorded.

Best thing to do right now, go speak with an estates lawyer.