Father passed away Sept. 2011 had a will, but remarried. New wife did not go through probate but kept all his assets (life insurance included); she passed away March 2012 and we are unsure what has happened to all our dad's assets (have never seen her will). Do we have any rights and if so what steps do we need to take as his children?
2 Answers from Attorneys
Nevada law requires the filing of all Wills with the County Clerk withing 30 days of the maker's death. Whether the Will is later admitted to probate depends upon a number of factors. Your attorney can explain further.
Did your father pass away as a Sparks resident? I see the question comes from a Sparks ZIP Code. You can check with the Washoe County Court Clerk's office to see if a will was filed with the court, even if no probate was pursued. If you know an attorney who represented your father, he/she may have been notified of his death and filed the will, or may have the original vaulted at his/her office. Try running an online search of the court's dockets under both Dad's name and that of his wife to see if any actions were taken: www.washoecourts.com
Your question raises issues of community property law and inheritance, so we would require considerably more detail to offer much assistance to you. If they were Nevada residents, we would be happy to help.