Black & LoBello on AM720 KDWN

Black & LoBello on AM720 KDWN

Click here to listen to the Legal Hour on KDWN AM720 from April 4th, 2012. Christopher Phillips, Esq., who practices Probate, hosts with guest lawyer Andras Babero, Esq., who practices in Commercial Litigation and Real Estate Law from the law firm Black & LoBello in Las Vegas, Nevada.  Mr. Babero and Mr. Phillips discuss AB 284 and how lenders could avoid its requirements (1:20), how robo-signing affects foreclosure (10:40), how irrevocable trusts can be amended (13:35), how to remove a trustee (18:30), contesting rights to assets (20:55), liability on mortgage fraud (25:40) and assets exempt from collections (33:40). 

Please tune in to AM720 KDWN’s “Legal Hour,” Wednesdays, from 9 AM to 10 AM.  Listen live on the radio or online.   Feel free to call in with your comments or questions at 702-257-5396.

To listen to past shows, visit our Media page.


Black & LoBello on AM720 KDWN

Click here to listen to the Legal Hour on KDWN AM720 from March 7th, 2012. Christopher Phillips, Esq., who practices Probate, hosts with guest lawyer Tiffany Ballenger, Esq., who practices Estate Planning and Asset Protection at the law firm Black & LoBello in Las Vegas, Nevada.  Ms. Ballenger and Mr. Phillips discuss how to protect assets against creditor issues (2:00),  what is adult guardianship (4:50), the guidelines that executors should follow (8:33), buying foreclosed homes with robo-signing issues (12:01), what trustees can and can’t do with assets (16:55), problems with real estate agents (20:40), statute of limitations on probate proceedings (26:40), suing banks to refinance mortgage loans (31:05) and how AB 284 makes banks halt foreclosures (33:08). 

Please tune in to AM720 KDWN’s “Legal Hour,” everyday, from 9 AM to 10 AM.  Listen live on the radio or online.   Feel free to call in with your comments or questions at 702-257-5396.

To listen to past shows, visit our Media page.

Black & LoBello on AM720 KDWN

Black & LoBello on AM720 KDWN

Click here to listen to the Legal Hour on KDWN AM720 from December 5th, 2011. Christopher Phillips, Esq. hosts with guest lawyer Randy M. Creighton, Esq. who practices bankruptcy at the law firm Black & LoBello in Las Vegas, Nevada.  Mr. Creighton and Mr. Phillips discuss the limitations of declaring bankruptcy,  settling debts with a will (4:15), notification of probate process (9:33), unclaimed funds from a probate (11:27), the expanding bankruptcy industry (20:20), removing name from a quit claim deed (23:45), homestead protection for a house (30:26), transferring house from one person to another (34:50).

Please tune in to AM720 KDWN’s “Legal Hour,” everyday, from 9 AM to 10 AM.  Listen live on the radio or online.   Feel free to call in with your comments or questions at 702-257-5396.

To listen to past shows, visit our Media page.

Black & LoBello on AM720 KDWN

Black & LoBello on AM720 KDWN

Click here to listen to the Legal Hour on KDWN AM720 from November 28th, 2011. Christopher Phillips, Esq. hosts with guest lawyer Randy M. Creighton, Esq. who practices bankruptcy at the law firm Black & LoBello in Las Vegas, Nevada.  Mr. Creighton and Mr. Phillips discuss homestead coverage limits (3:40), effects of refinancing on homesteading (7:00),  the limits of asset protection by Trusts from probate or bankruptcy (10:45, 20:25), time limits of banks to collect deficiency debts (14:05), HOA fees included in bankruptcy (18:10), service agent changes for mortgage payments (29:42) and how creditors collect debts (31:50). 

Please tune in to AM720 KDWN’s “Legal Hour,” everyday, from 9 AM to 10 AM.  Listen live on the radio or online.   Feel free to call in with your comments or questions at 702-257-5396.

To listen to past shows, visit our Media page.

Black & LoBello On the Radio

Click here to listen to the Legal Hour on KDWN AM720 from November 14th, 2011. Christopher Phillips, Esq. hosts with guest lawyer Randy M. Creighton, Esq. who practices bankruptcy at the law firm Black & LoBello in Las Vegas, Nevada.  Mr. Creighton and Mr. Phillips discuss why luxury purchases cannot be included in a bankruptcy (2:00), how to avoid probate of a deceased’s property (4:40), beneficiary deeds, debt repayment plans vs. bankruptcy (6:30), foreclosing vs. short selling a rental property (11:15), transferring title of property to spouse (15:45), payday loans covered in a bankruptcy (18:45), the benefits of bankruptcy (24:30), negotiating a mortgage deficiency vs. filing for bankruptcy (31:25), how to administer a deceased’s estate under $20,000 (33:55) and Notice of Proposed Action changes on trusts (42:20).  

Please tune in to AM720 KDWN’s “Legal Hour,” everyday, from 9 AM to 10 AM.  Listen live on the radio or online.   Feel free to call in with your comments or questions at 702-257-5396.

To listen to past shows, visit our Media page.

Black & LoBello On the Radio

Click here to listen to the Legal Hour on KDWN AM720 from November 7th, 2011. Christopher Phillips, Esq. hosts with guest lawyer Randy M. Creighton, Esq. who practices bankruptcy at the law firm Black & LoBello in Las Vegas, Nevada.  Mr. Creighton and Mr. Phillips discuss how sudden increases in wealth may affect Chapter 13 bankruptcy, consequences of bankruptcy fraud, assets protected in a bankruptcy, the difference between a living trust and an Nevada Asset Protection Trust, how to bequeath personal possessions, inheriting deceased relatives’ mortgage and property and how changes in income affect a bankruptcy.  

Please tune in to AM720 KDWN’s “Legal Hour,” everyday, from 9 AM to 10 AM.  Listen live on the radio or online.   Feel free to call in with your comments or questions at 702-257-5396.

To listen to past shows, visit our Media page.


 

Am I Responsible For a Deceased Person’s House?

No.  Even if you are the named Executor, a beneficiary or heir inheriting property from someone, if the deceased person is solely responsible for the mortgage and the sole title holder on to the property, you will have no personal liability for the mortgage.  The mortgage company cannot make a derogatory remark on your credit if you have not applied for and received the mortgage.  That debt belongs only to the person who was approved and received the loan.

Further protection from mortgage companies is provided by NRS 174.150 which provides that:
No holder of a claim against an estate may maintain an action thereon unless the claim is first filed with the clerk and the claim is rejected in whole or in part, except in the following case: An action may be brought by the holder of a mortgage to enforce the mortgage against the property of the estate subject thereto if all recourse against any other property of the estate is expressly waived in the complaint.

In practice, that means that a mortgage company can bring an action to enforce a mortgage against the real property but must waive the right to pursue any deficiency from any other property of the estate. For example, if an estate has two assets, a house worth $100,000 with a mortgage of $250,000 and a bank account containing $200,000, a mortgage company can bring a foreclosure action against the house and can receive the house as full satisfaction of the debt owed. The mortgage company cannot pursue the bank account of $200,000 to try and recover the deficiency. The Personal Representative can then file a petition with the probate court to distribute the entire bank account to the heirs and not have to pay any of the other assets towards the deficiency balance on the mortgage. The mortgage company must waive that right if they seek to foreclose on the real property.

There are other statutes and procedures in effect which require creditors to take specific action to assert their claims against estates. Neither the Administrator, Executor nor the heirs are ever personally responsible for the bills or other creditor claims belonging to the deceased.

Christopher J. Phillips, Esq.

Black & LoBello on the Radio

Click here to listen to the Legal Hour on KDWN AM720 from October 31st, 2011 in which Christopher J. Philips, Esq., discusses intestacy laws, joint bank accounts,  IRS gift limits and tax consequences, how to prepare and validate a will, applying for guardianship, transferring beneficiary rights, living trusts, and how trusts protect asset.

Please tune in to AM720 KDWN’s “Legal Hour,” everyday, from 9 AM to 10 AM.  Listen live on the radio or online.   Feel free to call in with your comments or questions at 702-257-5396.

To listen to past shows, visit our Media page.

Black & LoBello on the Radio

Click here to listen to the Legal Hour on KDWN AM720 from October 24th, 2011. Christopher Phillips, Esq. hosts with guest lawyer Randy M. Creighton, Esq. who practices bankruptcy at the law firm Black & LoBello in Las Vegas, Nevada.   Mr. Creighton and Mr. Phillips discuss the different types of bankruptcy,  debts covered by bankruptcy,  cram downs on investment property, how probate may help divest responsibility for a debt, non dis-chargeable debt, the difference between Chapter 7 and Chapter 13 bankruptcy, how bankruptcy debt impacts probate, how to eliminate a 2nd mortgage, how payday loans can affect bankruptcy, VA loan programs available for veterans and getting rid of IRS debt through bankruptcy.  

Please tune in to AM720 KDWN’s “Legal Hour,” everyday, from 9 AM to 10 AM.  Listen live on the radio or online.   Feel free to call in with your comments or questions at 702-257-5396.

To listen to past shows, visit our Media page.

Black & LoBello on the Radio

Click here to listen to the Legal Hour on KDWN AM720 from October 17th, 2011 in which Christopher J. Philips, Esq., discusses how to avoid probate on bank accounts, how to add a name to a house deed, taxes on estates, early distributions vs. gifts from a trust, Nevada asset protection trust, short sale negotiation, joint tenancy in a trust, protecting out of state assets and the Nevada Homestead Protection Act.

Please tune in to AM720 KDWN’s “Legal Hour,” everyday, from 9 AM to 10 AM.  Listen live on the radio or online.   Feel free to call in with your comments or questions at 702-257-5396.

To listen to past shows, visit our Media page.

Black & LoBello on the Radio

Click here to listen to the Legal Hour on KDWN AM720 from October 10th, 2011 in which Christopher J. Philips, Esq., discusses the pros and cons of LegalZoom and other do-it-yourself legal services, trust ownership of IRA accounts, child support owed by a spouse’s estate, jointly held property in an estate, how to close an estate, joint ownership of a property and affidavit of small estate.

Please tune in to AM720 KDWN’s “Legal Hour,” everyday, from 9 AM to 10 AM.  Listen live on the radio or online.   Feel free to call in with your comments or questions at 702-257-5396.

To listen to past shows, visit our Media page.

Black & LoBello on the Radio

Click here to listen to the Legal Hour on KDWN AM720 from October 3rd, 2011. Christopher Phillips, Esq. hosts with guest lawyer Michele LoBello, Esq., fellow partner at the law firm Black & LoBello in Las Vegas, Nevada.   Mrs. LoBello and Mr. Phillips talk about recording spouses for custody battles, new legislation that streamlines the probate process, creditor claim against a borrower’s probate or trust, out of state power of attorney, breach of contract for HOA and wills vs. trust.

Please tune in to AM720 KDWN’s “Legal Hour,” everyday, from 9 AM to 10 AM.  Listen live on the radio or online.   Feel free to call in with your comments or questions at 702-257-5396.

Black & LoBello on the Radio

Click here to listen to the Legal Hour on KDWN AM720 from September 26th, 2011 in which Christopher J. Philips, Esq., discusses ways to avoid probate, the on-line public record of wills, the correct way to transfer assets through a will,  family trust terms, buying a home after a foreclosure, amending a will for a divorce and fraudulent wills.

Please tune in to AM720 KDWN’s “Legal Hour,” everyday, from 9 AM to 10 AM.  Listen live on the radio or online.   Feel free to call in with your comments or questions at 702-257-5396.

Black & LoBello on the Radio

Click here to listen to the Legal Hour on KDWN AM720 from September 12th, 2011 in which Christopher J. Philips, Esq., discusses the benefits of a living will, how trusts and LLCs can protect against foreclosure, how a will is involved in probate, how to name a will executor, using trusts to avoid probate, how to claim inheritance property, how to distribute assets from a trust, inheritance tax and differences between LLC and S Corp.

Please tune in to AM720 KDWN’s “Legal Hour,” everyday, from 9 AM to 10 AM.  Listen live on the radio or online.   Feel free to call in with your comments or questions at 702-257-5396.

Black & LoBello on the Radio

Click here to listen to the Legal Hour on KDWN AM720 from August 29th, 2011. Christopher Phillips, Esq. hosts with guest lawyer Michele LoBello, Esq., fellow partner at the law firm Black & LoBello in Las Vegas, Nevada.   Mrs. LoBello and Mr. Phillips talk about what one should consider before getting a divorce, obtaining legal guardianship of another family member’s children, trusts for children, child custody out of state and transparency of the probate process.

Please tune in to AM720 KDWN’s “Legal Hour,” everyday, from 9 AM to 10 AM.  Listen live on the radio or online.   Feel free to call in with your comments or questions at 702-257-5396.

Black & LoBello on the Radio

Click here to listen to the Legal Hour on KDWN AM720 from August 22nd, 2011.  Christopher Phillips, Esq. hosts with guest lawyer Michele LoBello, Esq., fellow partner at the law firm Black & LoBello. Mrs. LoBello talks about the effects of the economy on trends in divorce and custody,  tips on pre-nuptial agreements, adoptions within a family and drug testing to determine custody.

Please tune in to AM720 KDWN’s “Legal Hour,” everyday, from 9 AM to 10 AM.  Listen live on the radio or online.   Feel free to call in with your comments or questions at 702-257-5396.

Black & LoBello on the Radio

Click here to listen to the Legal Hour on KDWN AM720 from August 15th, 2011 in which Christopher J. Philips, Esq., discusses the benefits of a living will, trustee questions, avoiding unnecessary probate fees, changes to estate planning documents to conform with Nevada Statutes and Nevada’s new Domestic Partnership law as it relates to probate.

Please tune in to AM720 KDWN to hear Christopher J. Philips, Esq., on the “Legal Hour,” every Monday, from 9 AM to 10 AM.  Listen live on the radio or online.   He will be discussing legal topics including Probate, Adult Guardianship, Trusts and Estate Planning.  Feel free to call in with your comments or questions at 702-257-5396.

Black & LoBello on the Radio

Click here to listen to the Legal Hour on KDWN AM720 from August 8th, 2011 in which Christopher J. Phillips talks about adult guardianship, probate, trusts and asset protection.

SB 221 is intended to improve the law relating to trust and estate issues with the following objectives: (a) to simplify the process of transferring assets at death, whether or not probate is required; (b) to clarify the rights of creditors as to nonprobate asset and trust assets; (c) to clarify exemptions from creditors’ claims that do apply; and (d) to improve and update our laws to make Nevada an ideal jurisdiction for probate and trust matters.

Some highlights of the Bill include Sections 73 and 177 which give additional strength to no-contest clauses in wills and trusts and clarify that with certain important exceptions, a beneficiary’s share can be reduced or eliminated if they violate the provisions that a settler or testator has set forth even if that conduct does not constitute a formal contest of the will or trust.

A major new addition to the probate code provides for the Independent Administration of Estates Act which expedites the probate process and reduces the administrative costs of probate by allowing a personal representative to act more independently, involving the probate court only when needed for disputes or significant issues. This Section should allow executors to conduct activity such as selling real estate without the additional court appearances, filing fees and attorney fees currently associated with selling a parcel of real property through the probate court.

Section 196 provides that when a trust authorizes or directs a trustee not to provide an accounting, a procedure exists where the trustee provides the account to one or more reviewers who will determine whether the beneficiary’s interest in the trust is being properly administered without revealing the details of the account to the beneficiary.

Christopher J. Phillips, Esq.

Black & LoBello on the Radio

Click here to listen to a two minute clip from the Legal Hour on KDWN AM720 in which Christopher J. Phillips explains the importance of planning ahead in regards to wills and beneficiary designations as well as some scenarios he has encountered due to lack of forethought.

Click here to listen to the whole show (approximately 40 minutes)

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Tisha Black Chernine awarded for
Mountain States Rising Stars 2011

Michele T. LoBello awarded for 
Nevada Super Lawyers 2007

Black & LoBello is an AV® Preeminent rated, locally owned, full service law firm in Las Vegas, Nevada.