Legal Question in Wills and Trusts in Nevada
will
My father recently passed and he made a simple will. It was witnessed by three people and notarized. He left me the executor and now my siblings are questioning its validity. We never recorded it. My father didnt have alot and didnt want to spend money on a lawyer. They are threatening me. What can i do to protect myself. He left them all a certain amount of money and me everything else. (Not much more by any means.) I am sickened by their disregard to the fact that i have been taking care of him with no help from them and now they want to cause me grief. thank you
1 Answer from Attorneys
Re: will
NRS 136.050, governing Delivery of will after death; liability for nondelivery, provides:
1. Any person having possession of a will shall, within 30 days after knowledge of the death of the person who executed the will, deliver it to the clerk of the district court which has jurisdiction of the case or to the personal representative named in the will.
2. Any person named as personal representative in a will shall, within 30 days after the death of the testator, or within 30 days after knowledge of being named, present the will, if in possession of it, to the clerk of the court.
3. Every person who neglects to perform any of the duties required in subsections 1 and 2 without reasonable cause is liable to every person interested in the will for the damages the interested person may sustain by reason of the neglect.
So, the first step is to file the Will. Once a Petition for probate of that Will is commenced in Court, the Will's validity, and the Executor's authority to act, can be confirmed.
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