How the Surviving Spouse or Minor Children May be Able to Cut-off Creditors’ Claims Including The IRS

Possession Of The Homestead

NRS 146.010 states that if there is a surviving spouse or minor children they are entitled to remain in possession of the homestead and to an allowance for support. A homestead is defined as the principal residence that is owned as opposed to rented. This will apply if the Decedent and the surviving spouse and minor children are living in the homestead. (This will not defeat actual liens against the homestead residence such as a mortgage, or tax liens.)

Estate's With a Net Value Under $100,000

NRS 146.070 says that in the case of an estate whose net value does not exceed $100,000, the Court has discretion to cut off the claims of creditors if the whole estate is necessary for the support of the surviving spouse and/or minor children. We have used this statute of many occasions to cut-off credit card claims, medical bills, and even in a recent case, claims from the IRS.

Learn more about creditors' claims.