Abandoned property

[Legally Blonde]

Jurisdiction

Nevada

I am the executor of a trust. Some videos were left to a friend of the deceased. The heir to the videos didn't want them. I arranged for them to be donated per his wishes conveyed in a text. I notified him via text, letter & email to claim his property or I would consider it abandoned. I am now required to sign a release to all the rights. The stated heir is unresponsive to any communication to sign a release or to authorize me to sign a release.

 

[adjusterjack]

It's a trust, not probate court. Why does anybody have to sign anything?

 

[zddoodah]

You didn't ask a question, so I'm uncertain what the purpose of your post is.

I am the executor of a trust.

No you're not. The person who administers a trust is called a trustee. An executor is a person who administers a decedent's estate pursuant to authority granted by the probate court.

The heir to the videos didn't want them.

What sorts of videos?

I am now required to sign a release to all the rights.

Required by whom and why?

The stated heir is unresponsive to any communication to sign a release or to authorize me to sign a release.

Why do you think the "heir" should sign anything or that you need his authorization?

 

[Legally Blonde]

You didn't ask a question, so I'm uncertain what the purpose of your post is.



No you're not. The person who administers a trust is called a trustee. An executor is a person who administers a decedent's estate pursuant to authority granted by the probate court.



What sorts of videos?



Required by whom and why?



Why do you think the "heir" should sign anything or that you need his authorization?

It seemed to me it should be clear that they are relinquishing rights to the video.

 

[army judge]

Some videos were left to a friend of the deceased.

Are the videos objects of the trust, or are the videos simply the personal property of the deceased?

If the videos belong to the latter category, the person administering the personal property of the deceased OUTSIDE the trust should disburse the items as per the will.

If, however, the person made no provisions for property outside the trust, the laws of intestacy of the state of Nevada would be applicable.

An executor of a trust has a fiduciary responsibility for administering the trust.

If your responsibilities as administrator are unclear, the trust will fund an attorney to guide you as you administer the trust.

 

[mightymoose]

What videos? I thought they were never even found.

 

[zddoodah]

It seemed to me it should be clear that they are relinquishing rights to the video.

Ok, but this doesn't appear responsive to any of the several questions I asked in my prior response, and you still haven't asked a question yourself.

 

[Legally Blonde]

The person who was designated in the will As the recipient of the tapes, didn't want them. I donated most of them & they want a release of rights? I believe I need the designated heir to release his rights. But he won't respond to any communication. The question : What should I do?

 

[army judge]

The person who was designated in the will As the recipient of the tapes, didn't want them. I donated most of them & they want a release of rights? I believe I need the designated heir to release his rights. But he won't respond to any communication. The question : What should I do?

You told us that you are the administrator of the trust.

Are you also the executor/executrix of the decedent's will?

It might be easier for you to retrieve the property and discard it privately.

A beneficiary named in a will doesn't have to accept the items.


You, as the executor are responsible for making sure that the deceased's debts are paid and that any remaining money or property is distributed according to the will.

When a person dies in Nevada with a will, the person in possession of that decedent's will is required by law in Nevada to deliver the will to the clerk of the court in the county of the decedent's residence within 30 days of the person's death.

However, if decedent's assets are less than $19,999, and no real estate is involved, probate is normally not required.

Nevada offers some probate shortcuts for "small estates."

These procedures make it easier for survivors to transfer property left by a person who has died.

You may be able to transfer a large amount of property using simplified probate procedures or without any probate court proceedings at all -- by using an affidavit.

Read on:

Probate Shortcuts in Nevada

 

[Legally Blonde]

You told us that you are the administrator of the trust.

Are you also the executor/executrix of the decedent's will?

It might be easier for you to retrieve the property and discard it privately.

A beneficiary named in a will doesn't have to accept the items.


You, as the executor are responsible for making sure that the deceased's debts are paid and that any remaining money or property is distributed according to the will.

When a person dies in Nevada with a will, the person in possession of that decedent's will is required by law in Nevada to deliver the will to the clerk of the court in the county of the decedent's residence within 30 days of the person's death.

However, if decedent's assets are less than $19,999, and no real estate is involved, probate is normally not required.

Nevada offers some probate shortcuts for "small estates."

These procedures make it easier for survivors to transfer property left by a person who has died.

You may be able to transfer a large amount of property using simplified probate procedures or without any probate court proceedings at all -- by using an affidavit.

Read on:

Probate Shortcuts in Nevada

Thank you for that in-depth response.