Legal Question in Wills and Trusts in Nevada
mirnor childs rights
my sons father died june7th 2004 will no will,he had no will and 2 children by different woman.the oldest son age 30 was named next of kin,leaving him incharge of the whole estate.the oldest son is trying to leave out assset that i am well aware of and only proved information on things that he had no other choice such as and insurance policy and a savings account.the oldest son also removed 1800 from his checking account i still have know idea how he did it without a death certificate or without even being on the ckecking account.when i confronted his oldest son on some of his assets i was told those where to stay in his family.my son is his family. i really want to protect my minor child from being left out but im still not sure on how to. there is also still owed to myself 2 months in child support before my son 18 birthday
2 Answers from Attorneys
Re: mirnor childs rights
Because you don't specify whether the father died a resident of Nevada or Louisiana, I do not know which law applies.
Because you give a Louisiana Zip Code, I assume your son and you live in Louisiana. The past due child support is a debt of the estate and you can file a claim for that money. This is not a share of the estate, but something that must be paid before the estate is divided.
Contact a lawyer in the state where the man resided at the time of his death. I am certain that if there is no will, no matter what state, all property is part of the estate.
Re: mirnor childs rights
Minor children have rights under Nevada law to a priority in estate assets and, in some cases, to appointed counsel to protect their interests. In Clark County, Nevada (Las Vegas area), the link for free help is found here: http://www.accessclarkcounty.com/district_attorney/FS/index.htm
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