Las Vegas, NV asked in Probate for Nevada

Q: Hypothetical. The step-father, dies. He has kids from first marriage. they are all over 30...

They don't really have a relationship, other than a phone call couple times a year, they live in Kansas. Is the surviving widow obligated, by law (in Nevada), to address any concerns from his children from first marriage? Even if the will is silent on the issue. Its about the residential home. What do his first marriage children get? Does the widow (spouse) de facto get the husband belongings, all of them till her ownership ends. I would guess the will needs to be specific on the issue? I get that, but what does the law say about the situation. ie No will or is silent on the issue.

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1 Lawyer Answer
Jonathan Craig Reed
Jonathan Craig Reed
Answered
  • Probate Lawyer
  • Las Vegas, NV
  • Licensed in Nevada

A: If there is no Will, the law of who gets what without a Will (intestate succession) applies. This law does not take into account the nature of the relationship between the Decedent and any child or spouse. If there is no Will, and if the gross value of the estate is over $100,000, 1/3 goes to his current spouse and the remaining 2/3 to his children--an equal share to each living child and if he had a child who has died and left children of their own, then those kids get the share the dead child would have gotten.

If there is a Will that doesn't mention some kids, but does mention others, one would really have to examine the language of the Will to determine if the kids from the earlier marriage can claim they are entitled to a presumption that they were inadvertently omitted.

But regardless, when probate is initiated all people who would inherit in the absence of a Will (called the intestate heirs) must be notified of the probate proceeding in case any one of them wants to challenge the Will being offered to the Court.

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