Legal Question in Civil Litigation in Nevada

my dad left no will

My father died about 1 yr. 6months ago, hedid not leave a will but left his sister with power of attorney. Hishouse was sold and she now has the proceeds. Is my two sisters and I entitled to any of that monies?


Asked on 5/11/08, 2:03 pm

3 Answers from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Re: my dad left no will

Your father's power of attorney died with him, and I am having a hard time figuring how his sister might have sold HIS house after his passing. Unless he added her to the title as a co-owner, recorded a beneficiary deed that left it to her, or otherwise provided for her to own it upon his death, it should have had to go through a formal probate to be capable of reconveyance. Perhaps she used the power of attorney to transfer it to her name prior to his death? If he did, indeed, die intestate (without a will or trust) and still owning the house, you and your sisters would have been the natural heirs to the estate - including the house - assuming your mother did not survive Dad.

It may be necessary for you to retain counsel to investigate how your aunt was able to sell the house and, if it was inappropriate, to reverse the transaction or force her to disgorge the proceeds she kept from you and your siblings.

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Answered on 5/11/08, 2:18 pm
James Smith James E. Smith Ltd.

Re: my dad left no will

It is a little late to ask that question.

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Answered on 5/11/08, 2:19 pm
Adam Breeden Breeden & Herbe, Ltd.

Re: my dad left no will

If your father died without a will (intestate) then his children would inherit his estate, not his sister. This is assuming that there was no surviving spouse.

I think you need to speak to an attorney about seeing exactly what went on here because I do not understand how the house was sold. There may also be a statute of limitations issue so if you want to investigate this, contact my office as soon as possible.

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Answered on 5/11/08, 2:33 pm


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