Can a trustee sell a share of my house, I legally do not have under my name? The will only had my name hand written by my mother

Asked over 1 year ago - Las Vegas, NV

My husband and I filed a joint bankruptcy 4 yrs ago. At that time I had to list all accounts and assets. My family home's checking account was under my name, but the money was for the house. Due to this information the trustee is now going after the house and trying to sell my 1/3 rd for less of the value. But legally there is no documentation that this house is 1/3 mine. I am now living out of state from where the house is and from where the bankruptcy occured as well. The money that was in the account at that time was removed by on of my sisters and never repaid as well back to the estate administrator.

Attorney answers (4)

  1. Walter C Oney Jr

    Contributor Level 17

    3

    Lawyers agree

    1

    Answered . Real estate generally passes to the heirs at law or devisees under a will immediately upon death, even if the will isn't proven until later. Whether that rule applies in Nevada and whether a handwritten codicil to a will is valid in Nevada are questions that only a Nevada lawyer can answer. Regardless, the trustee may believe that you are the de facto owner of a 1/3 beneficial interest under a constructive or resulting trust. If you have an interest, the trustee has the right to attempt to sell the property free and clear of the other interests under section 363 of the Bankruptcy Code. You have no say in this, but the other family members do and will need the help of an experienced bankruptcy lawyer to make sure the sale price is reasonable.

  2. Dorothy G Bunce

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . All of the Chapter 7 bankruptcy attorneys in Las Vegas have a great deal of experience in the law - most are attorneys or have law degrees. The facts you state are pretty sketchy in contrast. If the facts are as you state them, that you had no legal ownership to the property when you filed bankruptcy, and for 6 months afterwards, the trustee will lose. If your version of the facts doesn't hold up, the trustee will win. If you want an opinion about the chances of success, you will need to consult with an attorney that has a good understanding or real estate and probate law. Hope this perspective helps!

  3. Howard Robert Roitman

    Pro

    Contributor Level 16

    Answered . NRS 134.010 Vesting upon death of spouse; applicability of chapter only to separate property. If a decedent leaves a surviving spouse:
    1. Community property with right of survivorship vests in accordance with the right of survivorship;
    2. All other community property vests as provided in NRS 123.250; and
    3. The provisions of this chapter apply only to the separate property of the decedent.

    SEPARATE PROPERTY

    NRS 134.030 Descent and distribution. If a decedent dies intestate and has title to any estate which is the separate property of the decedent and which is not otherwise limited by contract, the estate descends and must be distributed, subject to the payment of the debts of the decedent, in the manner provided in NRS 134.040 to 134.120, inclusive.

    NRS 134.040 Surviving spouse and issue.
    1. If the decedent leaves a surviving spouse and only one child, or the lawful issue of one child, the estate goes one-half to the surviving spouse and one-half to the child or the issue of the child.
    2. If the decedent leaves a surviving spouse and more than one child living, or a child and the lawful issue of one or more deceased children, the estate goes one-third to the surviving spouse and the remainder in equal shares to the children and the lawful issue of any deceased child by right of representation.

    NRS 134.050 Surviving spouse and no issue; no surviving spouse or issue but parent.
    1. If the decedent leaves no issue, the estate goes one-half to the surviving spouse, one-fourth to the father of the decedent and one-fourth to the mother of the decedent, if both are living. If both parents are not living, one-half to either the father or the mother then living.
    2. If the decedent leaves no issue, or father or mother, one-half of the separate property of the decedent goes to the surviving spouse and the other one-half goes in equal shares to the brothers and sisters of the decedent.
    3. If the decedent leaves no issue or surviving spouse, the estate goes one-half to the father of the decedent and one-half to the mother of the decedent, if both are living. If both parents are not living, the whole estate goes to either the father or the mother then living.
    4. If the decedent leaves no issue, father, mother, brother or sister, or children of any issue, all of the separate property of the decedent goes to the surviving spouse.

    NRS 134.060 No issue, surviving spouse or parent but sibling. If there is no issue, surviving spouse, or father or mother, then the estate goes in equal shares to the brothers and sisters of the decedent and to the children of any deceased brother or sister in equal shares, per capita.

    NRS 134.070 No issue, surviving spouse or immediate family. If the decedent leaves no issue, surviving spouse, or father or mother, and no brother or sister living at the time of death, the estate goes to the next of kin in equal degree, except that if there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestors are preferred to those who claim through ancestors more remote.

    NRS 134.080 Unmarried minor decedent without issue or sibling but issue of sibling. At the death of a child who is under age, who is without issue and who has not been married, all the other children of the parent being also dead, if any of the other children left issue, the estate that came to the child by inheritance from the parent descends to all the issue of the other children of the same parent, and if all the issue are in the same degree of kindred to the child, they are entitled to share the estate equally; otherwise, they are entitled to take according to the right of representation.

    NRS 134.085 Unmarried minor decedent without issue but sibling or issue of sibling.

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  4. James P. Frederick

    Contributor Level 20

    1

    Lawyer agrees

    Answered . This is more of a bankruptcy question than a probate question. I am not clear on where the probate comes into this. In any event, you have a complex set of facts and you need to have an attorney review this with you to see what your options are.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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