Legal Question in Wills and Trusts in Nevada

Grandfathers will
God I have such a big issue I don't know where to start!
Long story short:
Grandpa died 8/20, we weren't informed til end of Sept. Half brother didn't tell me and my grandpa's step daughter never called.
When we found out and went to his house, step daughter had either sold or threw out all his stuff. Flash to present, we now have his will stating his belongings were to be divided equally to me and half brother. Half brother named Executor of will. He has made no attempt to try and handle this. I hired a lawyer to help me. Can I go after the step daughter for getting rid of items in house (surborning theft of estate) and can I get half brother removed as executor (will states I'm next in line) and go after him for gross misconduct? How do I find out what the $ amount would be for all the stuff step daughter got rid of in the house? He had a LOT of antique stuff. I'm so angry and want to go after both of them for what they have done!

Asked on 1/31/08, 12:58 pm

3 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

0 users found helpful

0 attorneys agreed

Re: Grandfathers will

You can and should. A will is simply a "letter to the judge" and the designation of an executor is the decedent nominating someone for the job. The judge can appoint any interest party the executor or even a disinterested third person. Wills are not self-executing. Someone has to probate the estate regarding any assets that did not pass automatically without probate. You can do that and petition for letters of administration (to be the Executrix). Then with that authority it is your duty to try to recover the value of any property misappropriated from the estate, etc. If you hire a lawyer to assist, that lawyer will get paid from the estate. Fees are statutory and based upon the value of the estate. They must be approved by the court before paid.

Go to it. If you do not protect your rights, no one else will.

Answered on 1/31/08, 1:14 pm

Mark as helpful

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

0 users found helpful

0 attorneys agreed

Re: Grandfathers will

There is a procedure for removing executors who fail to act. The estate (executor) can file a claim against step-sister. To determine the value of the things she took you need evidence of the items actually exhisted, their fair market value and that she actully took them. If the executor breached any duties and as a result caused harm you can hold him accountable. Hope that answers most of your questions.

Answered on 1/31/08, 1:57 pm

Mark as helpful