Los Angeles, CA asked in Probate for Nevada

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.

Related Topics:
2 Lawyer Answers
Jonathan Craig Reed
Jonathan Craig Reed
Answered
  • Probate Lawyer
  • Las Vegas, NV
  • Licensed in Nevada

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.

Dara Joy Goldsmith
Dara Joy Goldsmith
Answered
  • Probate Lawyer
  • Las Vegas, NV
  • Licensed in Nevada

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.