Skip to main content

My sons father passed away and he told my son he left everthing to him and that his mother had the will she is taking everything

Pahrump, NV |

she is not producing a will what can i do to help my son

Attorney Answers 5


  1. You should discuss this matter with a local probate attorney. Your son could file a petition to compel the production of the will or in the alternative request that the probate be pursued based upon your state's intestacy statute. This statute likely would allow your son to inherit some, if not all, of the estate.


  2. I would suggest that you contact a probate attorney to investigate this, as soon as possible. You *may* have a situation where your son's father engaged in do-it-yourself estate planning, thinking that he had it all taken care of, but done in such a way that he placed his trust in someone who now refuses to honor his wishes. If that is the case, there may be relatively little you can do.

    Assuming your son's father did this correctly and established the estate plan through an attorney, it is likely that there is recourse, one way or another. You need to find out what was done before you have any idea how to proceed, however. It is unlikely you are going to be successful without a good probate attorney. The sooner you act, the more likely you are to get a positive result.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.


  3. If you are his mother then you are his only legal representative and the only person who can do anything on his behalf. But you have to act NOW.

    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/


  4. Under Nevada law, any person who has a will is required to file it within 30 day after they know of the death of testator. If that person does not comply with this law they are liable to every person who "is interested in the will. Also, if there is no will, the son is still entitled to a portion of the estate under the law of intestacy. Your son needs to speak with an attorney as soon as possible.


  5. If you die without a valid will while residing in the State of Nevada, you are said to have died "intestate." In order to determine who will receive your property if you die intestate, the State of Nevada has established a number of laws (known as "intestacy laws" or "laws of intestate succession.") The primary statutes comprising these intestacy laws, or laws of intestate succession, are set forth below. For a more complete list, see Nevada Intestacy Laws | Intestate Succession statutes
    EPARATE PROPERTY

    NRS 134.030 Descent and distribution. If a decedent dies intestate and has title to any estate which is the separate property of the decedent and which is not otherwise limited by contract, the estate descends and must be distributed, subject to the payment of the debts of the decedent, in the manner provided in NRS 134.040 to 134.120, inclusive.

    NRS 134.040 Surviving spouse and issue.

    1. If the decedent leaves a surviving spouse and only one child, or the lawful issue of one child, the estate goes one-half to the surviving spouse and one-half to the child or the issue of the child.

    2. If the decedent leaves a surviving spouse and more than one child living, or a child and the lawful issue of one or more deceased children, the estate goes one-third to the surviving spouse and the remainder in equal shares to the children and the lawful issue of any deceased child by right of representation.

    NRS 134.050 Surviving spouse and no issue; no surviving spouse or issue but parent.

    1. If the decedent leaves no issue, the estate goes one-half to the surviving spouse, one-fourth to the father of the decedent and one-fourth to the mother of the decedent, if both are living. If both parents are not living, one-half to either the father or the mother then living.

    2. If the decedent leaves no issue, or father or mother, one-half of the separate property of the decedent goes to the surviving spouse and the other one-half goes in equal shares to the brothers and sisters of the decedent.

    3. If the decedent leaves no issue or surviving spouse, the estate goes one-half to the father of the decedent and one-half to the mother of the decedent, if both are living. If both parents are not living, the whole estate goes to either the father or the mother then living.

    4. If the decedent leaves no issue, father, mother, brother or sister, or children of any issue, all of the separate property of the decedent goes to the surviving spouse.

    NRS 134.060 No issue, surviving spouse or parent but sibling. If there is no issue, surviving spouse, or father or mother, then the estate goes in equal shares to the brothers and sisters of the decedent and to the children of any deceased brother or sister in equal shares, per capita.

    NRS 134.070 No issue, surviving spouse or immediate family. If the decedent leaves no issue, surviving spouse, or father or mother, and no brother or sister living at the time of death, the estate goes to the next of kin in equal degree, except that if there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestors are preferred to those who claim through ancestors more remote.

    NRS 134.080 Unmarried minor decedent without issue or sibling but issue of sibling. At the death of a child who is under age, who is without issue and who has not been married, all the other children of the parent being also dead, if any of the other children left issue, the estate that came to the child by inheritance from the parent descends to all the issue of the other children of the same parent, and if all the issue are in the same degree of kindred to the child, they are entitled to share the estate equally; otherwise, they are entitled to take according to the right of representation.

    The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics