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My brother passed away in Nevada, I live in Illinois, can I file affidavit of entitlement in Illinois for his Nevada accounts?

Chicago, IL |

Do I list everyone related as possible heirs or do they each have to file this form? He was estranged from our other brothers and sisters for years before his death.

Attorney Answers 3


If your brother was Nevada resident at the time of his death and did not have a will, Nevada law will control how his estate is administered, except for financial accounts on which he validly designated beneficiaries. I would suggest that either you re-post your question as though you were located in Nevada (so as to gain the attention of Nevada attorneys) or that you contact a Nevada attorney directly for advice. I am sorry for your loss.

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. LEGAL DISCLAIMER I am licensed to practice law in the State of Illinois and have an office in Kane County. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you this answer helpful.

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Illinois law and documents likely will not work in your situation. You should consult with a Nevada attorney. You can find one on this website or at

Good Luck!

Legal Disclaimer: Paul A. Smolinski is licensed to practice law in the State of Illinois only, and as such, his answers to AVVO inquiries are based on his understanding of Illinois law only. His answers are for general information about perceived legal issues within this question only and no response to any posted inquiry should be deemed to extend any right of confidentiality between you and Mr. Smolinski, to constitute legal advice, or create an attorney/client or other contractual relationship. An attorney/client relationship is formed only by specific agreement including an evaluation of the specific legal problem and review of all the facts and documents at issue. We try to insure the accuracy of this information, but we cannot guarantee its accuracy. The reader should never assume that this information applies to his or her specific situation or constitutes legal advice. Therefore, please consult competent counsel that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.

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I agree with the other respondents to your question. Nevada law governs your brother's accounts. The reference to a NAELA lawyer is good. You have an even better chance of finding a top quality trust and estate lawyer through the website of the American College of Trust and Estate Counsel (ACTEC), because Fellows of the College are inducted by invitation only after a careful study of inductees' reputations and demonstrations of outstanding expertise. I have attached a link to the ACTEC site, where you can search for Fellows near your deceased brother's residence.

This response does not constitute the formation of an attorney-client relationship. This response is intended for general informational purposes. Please established an attorney-client relationship with a qualified attorney for more complete information about your question.

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