Legal Question in Wills and Trusts in Nevada
Not in the will
My husband passed away recently. We were married in 2004. I am not in his will written in 2000. I am not on the deed of our home. Before he died he told his adult child he wanted me to have the house. I have power of attorney over his checking and savings accounts. What rights do I have? Will I lose my home?
1 Answer from Attorneys
Re: Not in the will
If you lived in Nevada, you have community property rights, probably entitling you to half of what he owned. The power of attorney is no good anymore since he died.
If a probate has been opened, you should file documents to protect your interest because if you don't, you could have your rights lost. You, as the surviving spouse, also petition to probate the estate but it is possible that you would not be named executrix due to the will.
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