Can heirs contest the distribution of an estate if they were notnotified of theprobate proceedings?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can heirs contest the distribution of an estate if they were notnotified of theprobate proceedings?

My dad passed 6 years ago with no Will. He was married 26 years to my step-mom. She filed papers, the lawyer didn’t. So she got a new one. I’m not quite sure what happened with it. But can Icontest any judgement made when if we his children were not informed of what was going on. If not, what would his kids get everything that was in his name at the date of death?

Asked on April 24, 2011 under Estate Planning, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The way that you have presented the information here has me a bit confides: what papers didn't the lawyer file?  Did she retain an attorney for probate and they did nothing so she did it herself (pro se)?  If your Father dies without a Will that is known as "intestate" and the intestacy statutes in the state of Nevada will apply to his assets that you as the beneficiaries are entitled to inherit.  I have phrased it this way because if your Dad and your step mother were married for 26 years it is more likely than not that they held most of their assets jointly with what is known as "rights of survivorship" meaning that would have passed to her automatically at the time of his death.  Regardless you should have been notified of the proceedings.  I may suggest that you go down t the Probate court in the county in which your Father resided at the time of his death and look at the proceedings, which are public record.  Then you can decide what to do from there.  Good luck.  


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption