Legal Question in Wills and Trusts in Nevada

I live in Tennessee, and the good news is my Aunt is 75 and she is going to be rich. She lives in Las Vegas, and she bought 3 large plots of land (average 200 acres) in 1976 in Texas. Now they have begun drilling for oil and natural gas, she receives $12,000/month before taxes, and they have begun building the 2nd well.

About a year ago, a 55 year old poker player gambler and his ex-wife have moved into my Aunt's life. The poker player/gambler does most everything for her, cooks, goes to get her meds at the pharmacy, etc, etc. And the ex-wife comes in and cleans weekly. My Aunt says she tries to pay them, but they won't accept her money. I'm not sure, but my Aunt has said the gambler may move into her house with her.

My Aunt has a normal $65 will where me and my sister get 50% each. But she does not have a trust or an irrevokable trust.

I have met the gambler and his ex-wife only once, but from everything my Aunt says about him when we talk 3 times/week, it appears to me that the gambler is not interested in her for her personality or a life long loving relationship.

How do I get this man and his ex-wife out of my Aunt's life?

Thanks!


Asked on 11/23/10, 2:36 am

1 Answer from Attorneys

Jonathan Reed Reed & Mansfield

My guess is that the "gambler" and his ex are doing more for your aunt than you or your sister. If that is the case, your aunt may rationally be happy to have them in her life and may rationally include them in her estate plans. If she creates new estate plans that include the "gambler" and his ex, you might challenge the documents after she dies as being due to "undue influence" but such a challenge would be tough unless you could prove she was not mentally competent. If you could prove she is not now mentally competent you could seek to have a court appoint a guardian for her, but she would likely resist. Either of these two courses of legal action would involve your paying upfront legal fees with no assurance of success.

Assuming your aunt is mentally competent, you could speak frankly to her about whether she intends to include gambler and his ex in her estate plans or whether she is giving him present gifts of money. She might welcome a frank discussion if your position is other than that you and your sister are entitled to 100% of the money and she is a 75 year old sucker if she thinks otherwise. Or she might think you are just waiting for her to die so you can collect. Or she might tell you that she has no plans to change the present will just to get you off her back. You should know better than anyone else whether you can have such a frank discussion with your aunt and whether it will likely be productive.

It's her money, not yours, and it is her right to do with it as she pleases as long as she is mentally competent. See my web page http://probatenevada.net/WillContests.aspx at www.probatenevada.net

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Answered on 11/28/10, 7:01 am


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