Legal Question in Insurance Law in Nevada

My father and mother lived in Nevada when both became ill. They had a division of assets completed in Nevada. We then had to have an in-state guardian appointed for control of their assets. My sister and me were appointed as co-guardians. My father was then placed in a skilled nursing facility for care and on August 9, 2013, my father passed away. My mother was the beneficiary for my father's life insurance policy. We moved my mother to California where she lived with me. She was also very ill and was put on Hospice Care until she passed away on November 21, 2013. My mother left her assets to her children and we were paid directly from the life insurance company on her policy. My father's policy named my mother as the beneficiary and the money was sent directly to the Nevada Guardian in my mother's name. It has been 10 months now since my father's death and we still have no idea what has happened to the money from the life insurance policy. We have called and e-mailed the Nevada Guardian to find out what happened to the money from the life insurance policy but they will not to respond to us even though we were named as co-guardians. What can we do to find out what happed to the money? Is there any agency that we can complain to?


Asked on 6/14/14, 6:00 pm

1 Answer from Attorneys
Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

If a guardian was appointed by a court in Nevada to manage the financial affairs of your parents and a sum of money has disappeared, that is a very serious issue. Such a violation of fiduciary duty - if, indeed, it occurred - could subject such a person or firm to very weighty liability to the family.

If you have original paperwork from when the appointment took place, you will know what court had jurisdiction over the matter. A report to that court of your suspicions would prompt action. You likely need local counsel to accomplish that; you do not want to make any mistakes in the procedure and subject yourself to liability exposure for defamation or something that may be seen by the court as frivolous litigation.

Tread carefully and with the assistance of a skilled attorney in the field of guardianships. This is not going to be a do-it-yourself project!

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Answered on 6/14/14, 8:38 pm


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