Legal Question in Wills and Trusts in Nevada
Does Bigamy Negate Community Property Rights If A Will is left to an illegal Wif
In tne state of Nevada, if a spouse(husband) has never devorced his first wife. He dies and leaves his entire estate in a will and living trust to another wife and children he had through that union. Is there any legal recourse for the (first) legal wife and does she have any claim to community property.
2 Answers from Attorneys
Re: Does Bigamy Negate Community Property Rights If A Will is left to an illegal
No. The legal wife is entitled to one half.
Re: Does Bigamy Negate Community Property Rights If A Will is left to an illegal
Generally property is probated in the state in which the testator resided upon death and where the property
is legally owned. Of course there are exceptions to this general rule. It appears that would be Nevada. As a Maryland attorney, I am not familiar with the law of Nevada.
You should contact an attorney in Nevada to assist you and you may want to have an attorney in Maryland assist you so that
the process can be efficient. Probate laws generally have time constraints on action to be taken against the estate or a personal
administrator and you need to ensure that you are presenting your claim accordingly.
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