Everett, WA asked in Probate for Nevada

Q: Father's ex wife is petitioning to be administrator of his estate.

He passed away in Nevada and she didn't even come down to help or offer support when he passed. I had to set up a go fund me to even have him cremated. I received court papers that state order granting permission for probate and it says that because no one objected that the court gave it to her but this is the first document I have ever received about the matter.

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1 Lawyer Answer
Lee Drizin
Lee Drizin
  • Probate Lawyer
  • Las Vegas, NV
  • Licensed in Nevada

A: When the ex-spouse filed the petition, she was supposed to identify any children and send copies of the petition specifically to avoid this type of situation so that you could object to the appointment. NRS 149.010 sets forth the basis for removal of a personal representative and if she was aware of your address and intentionally concealed this from the court, then this could constitute a basis for seeking a removal. However, these types of petitions can be time consuming and expensive if you retain an attorney to assist. You should be aware that a personal representative has a fiduciary duty to the heirs, such as yourself, and must act in their best interests at all times. By virtue of a divorce, under Nevada law all rights to inherit from the Decedent, even if there was a will (unless it was prepared post-divorce) are terminated.

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