Legal Question in Wills and Trusts in Nevada

my father died leaving a trust with my stepmother as the trustee, I do not know if I am named in it and she refuses to give me a copy of it. He died in Nevada can she be forced to provide the trust and an accounting of his estate to his natural heirs regardless of if we are named in the trust? How could we contest it if we don't know whats in it?


Asked on 2/01/10, 3:23 pm

1 Answer from Attorneys

Paul Malikowski Malikowski Law Offices, Ltd.

Under Nevdaa law, any person possessing a Will of a person who dies in the State is required to file that Will with the appropriate County Clerk. The law reads:

NRS 136.050 Delivery of will after death; liability for nondelivery.

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.

There is no similar requirement under Nevada law concerning a trust:

http://www.leg.state.nv.us/NRS/NRS-163.html

The terms of the Will may help guide you in taking the next steps.

Your attorney can explain further.

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Answered on 2/06/10, 5:34 pm


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