[WSBAPT] Personal Request for Assistance - my parent's Nevada Timeshare

[Kerry Richards]

Dear Brent:
A cursory reading of the probate statutes in Nevada along with a guide similar to Washington Practice would provide you with the necessary steps to open a probate, secure the necessary powers, transfer the asset, publish Notice to creditors, and then close the estate. I would imagine it is fairly straightforward, however I have not ventured any close examination.
The other option is to abandon the asset, do nothing and trust that the time share management company will not do anything. After all, who and what could they go after? Your parents’ estates will be long closed. There are no assets upon which they could satisfy any judgments ( the 4 month creditor period will have run in Washington). They would be left with foreclosure as their only relief.
These are my suggestions anyway.
Yours truly,
Kerry A. Richards

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________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Brent Williams-Ruth <brent at williams-ruthlaw.com>
Sent: Monday, September 4, 2023 8:32:24 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Personal Request for Assistance - my parent's Nevada Timeshare

List -

I have been the PR for my mother's estate. It is all done EXCEPT - my parents have a deeded timeshare in douglas county, Nevada (south lake tahoe). Father died in 2018.

I am having the most terrible time finding anyone who can help. Apparently, Nevada has no Lack of Probate Affidavit or small estate affidavit process. Because this is a deeded property (compared to points)  the only option is to open probate in Douglas County. Units are reselling for between $1,200 and $3,000.

I reached out to one law firm, they estimated a probate price of $5,000 plus transfer fees and insisted that I would have to do another round of creditor notice - despite the fact that there is no contact with Nevada other than this timeshare. I received another referral from an attorney on one of the WSBA committees with me (he works near Sacramento) and that firm hasn't even called me back after a week - reaching out via their web portal and phone call.

So now I turn to you.

Here are additional facts:
1) Neither my sister nor I want this property - we are not timeshare travelers.
2) We have offered it to ANYONE for free, we would even pay the probate cost and would just agree to have them become the end owner. No one wants it.
3) I have contacted the management company who manages the property - they have a "turn back into us" program for a fee of $1,200 AFTER it has been probated by me.

I have spent nearly as much time trying to deal with this one asset than the entire probate process here in Washington and am not sure what to do.

We just had my mother's celebration of life on what would have been her 75th birthday last week. I just want to close this and be done with it but really don't want to have to spend nearly $7,500 to do so.

I am nearly at the stage of spending the time to learn about Douglas County, see if they have an ex parte process as it would be cheaper for me to fly down for a day, open pro se, get the letters, transfer the deed and be done with it....but again, I really don't want to waste time.

Appreciate any ideas for how to proceed.

Thank you!
Brent



Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

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