Executor failed to file will timely affecting 1/3 property in Nevada; I'm excluded from will but paid taxes jointly. Legal options?

Question

My husband passed away two years ago on April 15th, 2023. We had been separated for quite some time but never filed separation papers, and we were married for 39 years at the time of his death. The executor named in his will failed to file the will in a timely manner, necessitating the hiring of an attorney who compelled her to file it, which occurred 8 months after his death. She also did not inform me of his passing, and I discovered his death when I visited his home in early June 2023, approximately 6 weeks after he passed away. She did not file probate, claiming that the estate’s value fell under the threshold requiring probate. My husband owned a 1/3 share of a property in Lyon County, Nevada, with a market value totaling approximately $315,000. The executor has stopped communicating with me, stating she will no longer be responsible for any estate activities. The will names my husband’s son as the sole beneficiary, and all assets except for the Nevada property were distributed before the will was filed. I am a senior citizen living on Social Security as my only income and depleted my savings on legal fees. Despite being excluded from the will, we jointly paid taxes on the Nevada property throughout our marriage.

James L. Arrasmith · Answer

Given the situation, you may have legal options to pursue a fair resolution. The first step is to consult with an attorney who can help you address the issues related to the executor’s failure to act timely, as well as your interest in the property. Since you and your husband paid taxes on the Nevada property jointly, you may have a claim to a portion of it despite being excluded from the will. 
 
If probate was required and was not properly filed, this could be a serious issue. Your attorney can help you determine if the failure to file probate within the required timeframe affects your rights to the property, especially since you have a financial interest through the taxes you paid. Additionally, if you were not notified of your husband's death, there could be legal implications regarding your right to be informed or to take part in estate proceedings. 
 
Lastly, depending on the specific laws in Nevada and the terms of the will, you might be entitled to a portion of the estate under certain circumstances, such as if you can demonstrate financial hardship or your contribution to the property. A lawyer can guide you through the probate process, help you understand any legal standing you may have, and advocate for your rights in court if necessary.

Q: Executor failed to file will timely affecting 1/3 property in Nevada; I'm excluded from will but paid taxes jointly. Legal options?