Legal Question in Wills and Trusts in Nevada

Will

I am executor of my fathers estate, he passed away last week. When my parents divorced (over 15 years ago) my brother completely ''wrote off'' my father and literally wouldn't even continue talking to me either because I refused to choose sides, and continued to have a relationship with my dad.

The Will states that my brother is to receive a small portion of the estate in the form of a monetary sum of money. Problem is I have tried and tried to email my brother (I don't have a clue where he lives or even if he is alive) over the years, wishing him happy birthday, sending news of my family, and just trying to get him back in mine & my childrens lives, to no avail.

Legally, how long must I wait before taking his amount and spreading it over the other people listed in the will. I really do not expect him to answer the email because he once said to me, ''Do not ever mention Dad's name in my presence again, I do not even want to know when he dies''.


Asked on 6/24/09, 11:10 am

1 Answer from Attorneys

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

Re: Will

You have a legal duty to make a good faith effort to locate and notify your brother before giving his bequest away to others. There are firms available nationwide that do nothing but search for missing heirs. A quick Google search will turn up several you can contact to compare services and prices. When you do locate him an email, alone, will not be sufficient effort to contact him, so plan to do more than that.

You may be surprised how sentimental your brother might become about Dad when he learns he stands to receive something from his estate.

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Answered on 6/30/09, 3:16 am


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