Q: I have a Nevada client whose deceased husband's Will names a daughter but the wife can't find her.
Need to publish some kind of notice to the unknown child but this goes beyond my probate expertise and I have no idea what to file and publish.
A: There is nothing wrong with a Nevada licensed lawyer asking a probate question on this forum but if you are not a Nevada licensed lawyer you are practicing law without a license in Nevada if you have a Nevada probate client.
If a valid Will makes a gift to a person, unless the Court is satisfied that the Will Beneficiary died before the person whose Will is being probated died, and the Will Beneficiary cannot be located, then the Court will want the Will gift turned over to the Clerk of Court who will turn it over to the State's Unclaimed Property division. If there is a valid Will making a gift to a Beneficiary, the Beneficiary doesn't get cut out just because of some publication.
There are heir search services that offer an initial search for a low price of something like $70, but heir searches can get expensive so the personal representative has to make a judgment as to whether it is worthwhile to do an heir search.
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