Legal Question in Wills and Trusts in Nevada

Fathers Estate

My father (who was remarried to someone other than my mom) passed in Feb 2008. At that time, we didn't think he had a will so his estate went into probate. About 3 months ago, my mother found a will in a SD box. It states that if he dies, everything is left to his ''wife'' (my mother at the time) or to his 2 kids if she didn't survive him. He had a home in vegas that the wife is still living in - as his child, what's my legal recourse now that we've found his will? the estate atty has sent a letter asking me to sign over the entire estate to the wife and i refuse! can I legally demand that if she wants to stay in the house that she buy us out? Doesnt his will count for anything at this point? We submitted it to the estate attorney, and what we got in response was this letter asking us to sign our rights over to the wife. I'm so confused!


Asked on 4/14/09, 5:33 pm

1 Answer from Attorneys
Jonathan Reed Reed & Mansfield

Re: Fathers Estate

Your question raises a number of issues. You don't mention whether the current probate proceeding is based upon father being believed to have died without a will. If so, under the law his adult children are likely entitled to part of his probate estate. If your father wrote a subsequent will he likely revoked the will you have. If your father never wrote a new will, the court is not going to assume that after divorce and remarriage he intended to leave everything to his divorced wife.

I do not know whether you have a valid claim. If you call me I will be glad to discuss with you whether you want to hire an attorney to contest the current's wife's claims to everything.

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Answered on 4/14/09, 5:47 pm


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