galawdawg wrote: ↑Thu Jul 22, 2021 7:13 pm
However, I fail to understand how the OP would seek enforcement of the legal rights of her minor child to inherit under Nevada law without consulting with legal counsel. None of the recommendations you have posted would protect the legal rights of the minor child.
Permit me to further explain the possibility that I was considering. Several of the OPs posts suggested that the person they think was nominated to serve as executor had not petitioned the courts for letters of appointment and was doing nothing. While IANAL, my understanding is that if a court is made aware of a death, and nobody submits a will or petitions for letters of appointment within a timeframe established by state law (e.g. 30 days), the court will appoint the public administrator to act a personal representative to administer the estate. Is that correct? If not, I would be interested in learning more about this. If it is, than based solely upon what we have been told, that may be a very real possibility in this situation. It's possible that the OP may not understand any of this, so that is why I have been presenting this apparently contrarian "argument." Also, in the absence of a will, NV law would provide guidance as to how the personal administrator should distribute estate assets, in which case there may be no practical need for the OP to pay for legal representation to protect their minor child's rights, as they would already be reasonably protected. Beyond that, the OP reported that the decedent hadn't worked in years, suffered from mental illness and had been known to cash out retirement accounts. This suggested to me (as I mentioned earlier) the very real chance that the decedent has no meaningful assets (which could also explain why the supposed executor had just walked away from the situations). In either of these two possibilities, I don't believe the following would be meaningful:
However, protection of her minor child's rights to inherit under Nevada law will require a consultation with legal counsel.
To answer your question, the OP's minor child is likely legally entitled to inherit regardless of contrary provisions in the decedent's will (as I mentioned earlier). Most, if not all, states do not legally permit a decedent to disinherit their minor child(ren). That includes Nevada.
Thanks! I asked a question and you taught me something I didn't know. That's the great thing about this forum.
I forget the statistics, but I've read that over half of the people who die in this Country have essentially zero net worth. Nobody needs a lawyer to legally claim nothing.
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