Legal Question in Wills and Trusts in Nevada

inheritance

my sister and I, by court order were sent to live with our grandparents after years of abuse by father, mother, and step-brothers. My sister and I have recently learned that my father passed away back in November of 2002. Our mother died when I was 2 months from turning 3, I am now 41 now that my father is gone, I was wondering if there should be any inheritance coming to me. My sister is not interested in anything from my father. Our stepmother did not inform any of our family, to include my fathers sisters, that he was dying or that he had in fact passed away. He died under hospice care. My father is retired Air Force, had a business of his own that he started after retirement when he was 40 something. He died at 62.


Asked on 2/02/04, 12:46 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: inheritance

You can make a claim to stepmother, the likely personal representative. Your entitlement to an inheritance will depend on a number of factors:

1) If you were never legally adopted by another, you may be entitled to an inheritance based on the following:

2) No Will or trust - your father died "intestate" - under most laws (depends on where he lived, not disclosed in your facts), one half of his estate transfers to his spouse with the balance divided among his children. Some states transfer all the assets to the surviving spouse.

3) If he had a trust or will, then according to the terms of that document.

In any event, you will need to contact someone (like stepmother) to find out what is happening, or the court in the county to see if probate was opened. If probate is open, contact the court and identify yourself.

If no probate is open, you can open probate yourself. DIY packets are available at many courthouses.

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Answered on 2/02/04, 5:48 pm


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