Legal Question in Wills and Trusts in Nevada

My father died last year. His new will was dated 40 days before his death. His wife (stpmtr) filed in probate his will only. He had bought a house in 2002 in Las Vegas and added her in 2007 as joint tenant. He bought the house with proceeds of a sale in San Jose, CA that he had owned prior to meeting her. He had promised my sis5and I both that the LV house would one day be ours. Stepmother has transfer the house onto a family tr7. She has no children but is a doting aunt. My father would not have wanted his earnings to pass to the nephews when his own grandchildren were not mentioned in the will. We were each left 50,000 in the will. My deceased aunt had asked him to share that amount with us. He had told me years ago that would be 50,000. He also left us some mutual funds that didn't go in the will.What can we do to get our fair share of the house and possibly other assets she hid?

Asked on 1/26/16, 7:27 am

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Your stepmother was complying with Nevada law by filing the will. A probate is not opened, though, until someone files a petition for probate. If she does not do that, you have every right to do it and ensure that all your father's assets are openly disclosed and accounted for before the Court. You may apply to be appointed the executor of the will, even if it says otherwise, if she does not bother or if you can demonstrate that there was fraud or deception involved in her failure to open the probate (assuming his wife was the named personal representative in the will). As a named beneficiary, you will be entitled to an accounting of the estate so you can see if she discloses all of Father's assets or not.

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Answered on 1/26/16, 5:09 pm

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