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

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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 10 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.  


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