NRS
143.040 Rights of surviving partner.
1. If a partnership existed between the
decedent, at the time of death, and any other person, the surviving partner may
continue in possession of the effects of the partnership and settle its
business, but the interest of the decedent must be included in the inventory
and appraised as an asset of the estate.
2. The surviving partner shall proceed to
settle the affairs of the partnership without delay, and shall account to the
personal representative and pay over such balance as may be, from time to time,
payable to the estate of the decedent.
3. Upon the petition of the personal
representative, the court may, whenever it may appear necessary, order the
surviving partner to render an accounting, and in case of neglect or refusal,
may, after notice, compel it by any lawful process, and the personal
representative may maintain against the surviving partner any action which the
decedent could have maintained.
4. Upon any sale of a partnership
interest, the surviving partner may be a bidder.
[Part 195:107:1941; 1931 NCL § 9882.195]—(NRS A 1999,
2291)
Notes of Decisions
Balaban v. Bank of Nevada, 477 P.2d 860 (Nev. 1970).
· cites it 2× “The rights of a surviving partner are defined in NRS 143.040, which reads: “1. When there was a partnership existing between the testator or intestate, at the time of his death, and any other person, the surviving partner shall have the right to continue in possession of the…”
Tupper v. Kroc, 494 P.2d 1275 (Nev. 1972).
“Within those chapters are found special provisions and requirements for an accounting (NRS 143.040; NRS 87.430; NRS 148.210) which are not found in the statute authorizing the charging order (NRS 87.”
— Nev. Rev. Stat. § 143.040(4) — 1 case
Balaban v. Bank of Nevada, 477 P.2d 860 (Nev. 1970).
“The rights of a surviving partner are defined in NRS 143.040, which reads: “1. When there was a partnership existing between the testator or intestate, at the time of his death, and any other person, the surviving partner shall have the right to continue in possession of the…”
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