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If a will doesn't turn up and I can't find the will or lawyer with said will, what happens?

Las Vegas, NV |

If a will is not found, attorney not found, will not coming to light, will the propertys and assets on said will eventually be distributed to the correct named person?

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Attorney answers 5

Posted

If you cannot find the will after a diligent search you, or the parties authorized by statute, will have to file for intestate probate (probate without a will).

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Asker

Posted

How would I do so living out of state for Las Vegas nevada. Could you direct me in the right direction.

Celia R Reed

Celia R Reed

Posted

You should contact a probate attorney in the jurisdiction that your grandmother lived. You can use the 'find a lawyer' link on Avvo.

Posted

If no will can be found and no one can testify as to its contents based on personal knowledge, the estate will be distributed by the probate court under the laws of intestacy. Your father and his siblings will share the estate.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

Asker

Posted

My grandmother tried to get my brother to sign her will as executor in feb 2013, but he felt uncomfortable doing so. She told us within the will were houses and cars and other assets for us. So... this is now all going to go to her two drug addicted sons?

Charles Adam Shultz

Charles Adam Shultz

Posted

This is odd because the will needs to be witnessed by independent witnesses. Signature of the prospective executor is irrelevant. Is there any evidence that the Feb 2013 document was executed? Again, you need to contact a Las Vegas probate attorney.

Posted

First look in the safe deposit box of the deceased if possible. Then look where the deceased kept their important papers (i.e. insurance policies, deeds to real estate, passport, marriage certificates etc.). If that still doesn't yield the document, then you'll have to open a Probate in Clark County on an Intestate basis and law of Nevada regarding Intestate Succession will apply.

Posted

If a will is not found, property passes intestate. Nevada has a statute that sets forth the succession without a will. Someone does have to file a petition with the court to appoint an administrator if there is no will. Titled property cannot pass without a court order.

Posted

Your question points up a potential problem with wills. Wills don't automatically get filed. Some people give a copy of their will to one or more relatives to increase the chance that the will will be filed. However, in other cases, the person who writes the will does not want the relatives and friends to see a copy of the will before death because the will writer doesn't want to offend people or get lobbied.

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