Legal Question in Wills and Trusts in Nevada

Re: Mother passed away with no will, what are childrens' rights?

With no Will one half goes to the spouse and one half goes to the children.

Re: Mother passed away with no will, what are childrens' rights?

I can suggest that you contact the courts in El Paso, Tx to see if a will was placed in the clerks office for safe keeping. If non was, then see if you can locate a lawyer or other person to whom your mother would have entrusted such a document.

If you can not find one, then you must assume it was either revoked, i.e. your mother destroyed it, or that one never existed.

In either case, you as her children have rights under the laws of intestacy. These are the laws of the state in which she lived and died that establish how property is distributed when a person dies without a will.

There are other issues, such as Community and Separate property that will have an impact on how items are distributed.

Your best course of action is to retain an attorney to follow up and represent you in order to protect your rights.

Re: Mother passed away with no will, what are childrens' rights?

What assets do you think your mother had when she died? If she was living in a home with your stepdad in Mesquite, Nevada, you can go the Clark County, Nevada, Assessor's Office, online and find out how the home was owned. If it was owned as joint tenants with your stepdad, he gets the property. If there was a home in her name, or in her name and your stepdad's as tenants in common then if there is no will you have a claim to part of the property. What other possible assets do you think your mother had? Do yo have any idea how they were titled?