Q: My father died in Las Vegas without a will. I have a estranged half sister. Does the court automatically give her half?
I’m going to file the set aside and mail her notice and wondering if I will get the entire estate if she doesn’t file an objection or will the court just automatically give her half without her showing up in court or objecting. We haven’t seen her for 30 years so the chance of her responding to the mailed notice is slim.
A: If your father died without a Will and the "estranged" daughter is his biological daughter and you and she are the only children he ever had and he died unmarried, she gets half of his estate just like you. If you fail to mention her in paperwork you file you will be committing a fraud. If you do mention her as a biological daughter (who was not adopted by someone else) the court will give her half. If you do not know her address the court will required you to publish notice of the hearing.
A: You will need to publish notice of the hearing to her. She is entitled to half of the estate, assuming she is your father's daughter. It may be worthwhile finding out if she predeceased your father, and if she predeceased him did she leave children. Your case is not a simple set aside. I recommend that you consult with counsel about your options rather than relying on online legal advice. Best of luck to you.
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