Legal Question in Wills and Trusts in Nevada

Intestate

If my father dies without a will and owns a house as non-marital property, am I solely entitled to inherit the estate as his only adult child?


Asked on 8/19/07, 4:28 pm

2 Answers from Attorneys

James Smith James E. Smith Ltd.

Re: Intestate

That may depend on whether he lives with a woman.

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Answered on 8/19/07, 4:55 pm
Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Re: Intestate

I'm not sure what you mean by "non-marital property." If it was his home prior to the marriage, but he is still married and they have both contributed to the costs and maintenance of the home, it still may be deemed community property in Nevada, and the wife may well have a legitimate claim to the entire house, if he does not specify otherwise.

Sorry to be so vague, but there are several more facts an attorney would have to know before concluding one way or the other.

If you are sure that it would be his desire to leave the home to you, some easy estate planning could accomplish that for little cost and minimal effort. So long as he is still mentally comptent to understand such an estate plan or what is known as a "beneficiary deed," it would be the simplest way to ensure his desires are recognized by law.

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Answered on 8/20/07, 2:28 am


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