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.
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.
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.