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FATHER DIED SEVERAL YEARS AGO AND MY BROTHER AS EXECUTOR DIDNT NOTIFY ME NOR MAKE DISTRIBUTION OF ASSETS AS STATED IN THE WILL..

Las Vegas, NV |

i HAD A COPY OF WILL AND SINCE LOST IT. WHAT RECOURCE LEGAL OR OTHERWISE IS AVAILABLE TO ME NOW

Attorney Answers 3


  1. You need to hire an attorney. Depending on where this is and how much time has passed you may or may not have legal rights. You may need to petition to have the executor removed and replaced, ask for an accounting of the estate, and even surcharge the "former" executor to recover funds.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/


  2. A lot of times property does not go thru probate so the will is a useless document and never gets filed. If your father owned his residence you can go onto the county recorder's website and see what happened to it. Real estate can be held jointly or with a transferrable on death deed in which case it is not probated. Bank and financial accounts can also be held jointly or payable on death in which case they are not probated. You can probably go onto the court website and see if a will was filed or a probate in your father's name opened. If your father was a resident of Clark County, Nevada, you can Google "Clark County District Court" and navigate to the "District Court" page and then to the "Family Court" page and then search by "name" to see if your father's will was filed or if there was a probate opened in your father's name.


  3. You should not have waited so long. If there were no assets, there was no need for probate. If there was a probate filed, it would probably be in the county courthouse where either he lived or the executor lived. You can research this yourself. Good luck.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

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