Who, What, Where, When, Why, How
Why should I vote for John J. Cahill as Public Administrator in the 2014 election?
Cahill has proven his performance and leadership as Public Administrator since election in 2006, having now served two terms 2007 - 2014. "If it's working, it's not broke, so don't fix it". Cahill works now for Clark County families and served honorably for 30 years as a Juvenile Parole and Probation Officer with the Clark County Juvenile Court. That is a record of proven performance that is not matched by other candidates - not even close. Cahill is the only candidate with professional fiduciary experience in Nevada Probates.
The Public Administrator is a sworn officer of Clark County with sworn Deputies authorized to carry out the duties assigned by statue or as ordered by the Probate Court. In accordance with state law, the Public Administrator may protect decedent real or personal property when the Coroner, law enforcement agency, or out-of-state family requests assistance of the Public Administrator's Office, and when one or more of the following conditions exist:
- There are no known heirs or named executor or executrix, and the estate, or any part, and assets of the estate may be at risk.
- The named executor or executrix of a Will fails to act.
- The Will names the Public Administrator as executor.
- The Court appoints the Public Administrator to act to protect and/or administer an estate.
Where Does The Public Administrator Get His or Her Authority?
- The Public Administrator has authority to act to secure property immediately upon the death of a decedent as granted by Nevada Revised Statutes Chapter 253.
- When appointed by Court, the Public Administrator has authority to act as the administrator of an estate subject to Nevada Revised Statute, Title 12 – Wills and Estates of Deceased Persons, with the oversight of the Court.
What Fees Are Charged By The Public Administrator For Services?
Fees are charged according to the actions taken by the Public Administrator.
- When the Public Administrator's Office takes action prior to Court appointment to protect the estate of an individual who dies in Clark County, or a part of the estate, until family or a legal representative are able to take possession, he or she is entitled to fair and reasonable compensation pursuant to NRS 253.050(3).
- When the Public Administrator is appointed by the Court, he or she is entitled to fair and reasonable fees and expenses in accordance with NRS 150, and as submitted to and granted by the Court.
- Each estate is expected to pay for the services needed to resolve the affairs of the decedent. Each estate hires an attorney if needed, hires a tax accountant, and hires other services to protect and sell real and personal property.
- Upon payment as approved by the Court, all compensation is paid over to the Clark County General Fund. Clark County provides the annual budget for the Public Administrator's office and the staff are County Employees. The salary of elected County Officers, including the Public Administrator, is set by NRS 245.043. The Public Administrator and all staff are prohibited from the purchase of estate property, even at public auction.
How Does the Public Administrator Sell Estate Real Property?
- After appointment by the Court to administer an estate it may be determined that real property owned by the estate should be sold to pay administrative costs, debts, or so assets may be divided for distribution to heirs or beneficiaries. All real property is sold as a listing with a licensed Realtor with the property advertised on the Multiple Listing Service (MLS).
- Purchase Agreements for real property sales by the Public Administrator must be presented to the Court for approval and real properties are always open for bidding at the Hearing for confirmation of sale.
How Does the Public Administrator Sell Personal Property?
- After appointment by the Court to administer an estate, and when necessary, personal property owned by the estate is consigned for sale by public auction.
What Should I Do If I Want to Name the Public Administrator as Executor In My Will?
- If you do not have a family member or close friend who you believe would be able to handle the duties and responsibilities of Executor of your Will, you may give consideration to naming the Clark County Public Administrator as your Executor. When preparing the Will name the Clark County Public Administrator as the Executor of your Will and please notify our office in advance if you are able, so that we will be aware and know where an original of your Will is located and available to us.
Securing an Original Will?
- Individuals should secure their Original Will in a safe location. However, if you place it in a Safe Deposit Box, be certain that the named executor has access that Safe Deposit Box. If your named executor does not have authority to access the Safe Deposit Box, a Court Order will be required to open the box. That order will most often be issued to your NOK (Next of Kin). Wills are required to filed by the Court within 30 days of death or as soon as possible after the Will is located.
What Is the Public Administrator's Involvement With Funeral Arrangements?
- The Clark County Public Administrator's Office only rarely handles funeral arrangements for decedents. Those arrangements are always the decision of the family. Statutes and County ordinances give certain authorities to the Clark County Coroner and the Sheriff. Families have the first and last decisions regarding decedent remains.
- Mortuaries can assist families with a referral to Clark County Social Services in arrangements for eligible decedents according to County policies and procedures. The Public Administrator will reimburse Clark County Social Services when sufficient funds becomes available within the estate.
After A Loved One Dies, How Do I Handle Their Property or Estate?
- It can seem overwhelming when faced with handling all of the affairs of a loved one, but if you'll take it one step at a time, you'll not only survive the process, but you'll complete the process successfully.
- The Clark County Public Administrator's Office does not have attorneys on staff We cannot and do not provide legal advice. We can refer you to various resources, including local attorneys, who may be of assistance, but we cannot direct you or advise you what to do.
- The first and strongest recommendation is to encourage you to seek out proper legal advice from a practicing Probate attorney here in Clark County. You can get a referral from the Clark County Bar Association or the Nevada State Bar Association.
- Depending on the gross value of the estate and the ages and relationship of the heir or heirs, the requirements of the estate could vary. Therefore, a review of the Synopsis of Nevada Probate Law provided on the District Court's Probate Department's websitemay provide helpful background. There are other resources available that may help provide some direction, links to some of these can be found on the Clark County Nevada Public Administrator's main web page.
County Public Administrators in Nevada
- If the decedent was a resident of another county in Nevada, please refer to theList of Public Administrators provided by the Washoe County Public Administrator's Office.
How does John J Cahill get donations to pay for his campaign?
- Cahill declines cash contributions from businesses and persons that are vendors in services to estates. It should never appear that a business has to "pay to play" to be hired by the Public Administrator. Cahill does accept in-kind contributions from vendors so if a business wants to put an add in a local professional publication, a newspaper, or a church magazine, that in-kind contribution is listed in the required campaign contribution and expense report filed with the Nevada Secretary of State. All campaign C&R reports are public information and can be searched at the NV SOS web site. Cahill does accept money contributions from attorneys supporting his re-election. Attorney fees are always reviewed by the court before approval. That review and approval protects the estates and eliminates conflicts. Basically the PA campaign is supported by "friends and family". The PA sets no public policy, does not vote on ordinances, permits, license, zoning, passes no bills, makes no laws, so the PA is not term limited and has no wide appeal for contributions.