Legal Question in Wills and Trusts in Nevada

Ill mother

My mother is close to the end of her life. I have hospice comming in because I know she wants to be at home when she dies. Her boyfriend is the durable power of attorney. I have asked to see her will and other documentation of her estate but he keeps making excuses not to. He is extremely controlling of her and nasty to us (her family!!) I need to know how I can get that information so we can be prepared. What rights does he have as her boyfriend and what rights do I have as her daughter?


Asked on 9/22/08, 4:50 pm

3 Answers from Attorneys
Paul Malikowski Malikowski Law Offices, Ltd.

Re: Ill mother

You have the right to petition the Probate Court of the Nevada county of your mother's residence to appoint you as her personal representative upon her passing. This will require a Death Certificate. The powers and duties of a personal representative are set forth in Washoe County, Nevada at this link:

http://www.washoecourts.com/Probate/PDF/FORM%20of%20Instructions%20for%20Personal%20Representative.pdf

Your attorney can explain further.

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Answered on 9/22/08, 5:04 pm
Joel Selik www.SelikLaw.com

Re: Ill mother

If your mother is competent, you could ask her or the preparer. If she is not competent, you would have to seek a Court order.

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Answered on 9/22/08, 5:08 pm
James Smith James E. Smith Ltd.

Re: Ill mother

You have a right to see a Will or Trust. Of course she can leave everything to him if she wants. You have a right as a natural object of her bounty to see any estate documents. If she does not provide for him in the Will then the children would be the beneficiaries.

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Answered on 9/22/08, 5:08 pm


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