Minden, NV asked in Estate Planning and Probate for Nevada

Q: My uncle recently passed. He has 2 living siblings,one deceased brother am I able to petition to be apart of the estate?

My cousin just petitioned on behalf of his deceased father(5yrs passed), even though he hasn't seen or spoken to my recently deceased uncle in years. Even though my mother is alive can I also petition to get a portion of my uncle's estate?

My uncle had written off everyone in the family except for my mother and myself. And it rubs me raw that everyone is coming for a handout when his will he didn't leave anything to them. Will became null and void because it was a willmaker and was not notarized correctly (can I sue the notary?).

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: If your uncle was not survived by a wife or patents or children and no valid will then chances are his estate will be divided into one share for each sibling with children of siblings inheriting in the place of deceased siblings. With your mother (who I assume is his sibling) still alive, she would inherit an entire share and not you.

I am puzzled by your statement that the will is invalid due to a defective notary because notification is not required in Nevada. Two witnesses are required. Notarization is optional in addition to the required two witnesses.

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