Losing your parents is extremely difficult. Sadly, it is also something most people will have to deal with during their lifetime. As you move through your grief, you will likely also have many questions and many of these may pertain to your parents’ estate they left behind. You may also wonder how much, if any, of your parents’ estate you are entitled to. Below, our Nevada estate planning lawyer explains further.
When Parents Leave a Will Behind
When a parent passes away with a valid will that was executed properly, each child should be mentioned in the document, along with the property they are entitled to. Although the majority of people name each of their children in their will, there are times when some children are left out of these documents. These children are known as ‘pretermitted heirs.’ Pretermitted heirs are those that are not named within a will and many states have laws that protect them. This is not necessarily true in Nevada.
In many other states, pretermitted heirs are still entitled to their share of the parents’ property even if they are not named within the will. In Nevada, however, the statute has been revised to state that when a child is not included in a will, the burden of proof is on them to show that they were inadvertently left out. Only if they are successful with this can they obtain a share of their parents’ property.
Children are most commonly left out of a will when the parent who passed away had remarried and left everything to their new spouse. In these cases, the will is sometimes updated to provide for the child after the stepparent passes away. Sometimes, though, the stepparent has complete control over the estate and they may choose to disinherit the child of the parent who passed away.
Property that Passes Without a Will
There are also certain types of property that can be distributed to beneficiaries without the use of a will. For example, retirement accounts such as 401k’s and IRA’s, along with insurance policies and annuities have beneficiary designations on them. When people have properly designated beneficiaries, their heirs can receive this property without having to go through probate and without the existence of a valid will.
When Parents Pass Away Without a Will
When a parent passes away without a will, they are said to have died intestate. Children have the right to petition the court to be appointed as personal representative of their parent’s estate when there is no will in place that designates someone to the role. Even when a child is not named as personal representative, they must be notified regarding all proceedings related to the administration of their parents’ estate.
Nevada is a community property state. There is a presumption that property is owned jointly by spouses and belongs to each of them equally. As such, when one spouse passes away, their partner receives all property. Only when a spouse owns separate property may their children be entitled to it.
When someone leaves behind separate property but no will, the surviving spouse receives one-half of the property. If the deceased left behind just one child, they are entitled to the other half of the property. If there are more than one child, one-third of the property goes to the surviving spouse and the remaining two-thirds is divided among the surviving children.
Just as when there is a will in place, if a person dies intestate but had accounts with beneficiary designations, those beneficiaries are entitled to the property.
Adopted Children
If you were legally adopted, you have no right to your biological parents’ estate. The only exception to this is if your biological parents specifically included you in their estate plan. That being said, you do have a right to your adopted parents’ estate. You can either inherit the share of the estate left to you in their estate plan, or the property you are entitled to under the intestate laws in Nevada.
Our Estate Planning Lawyer in Nevada Can Help with Your Case
There are many state laws that impact the inheritance you are entitled to. At Boyer Law Group, our Nevada estate planning lawyer can explain what these are and help you through the process so you can focus on moving forward. Call us now at 702-255-2000 or contact us online to schedule a free consultation with our experienced attorney and to get the legal help you need.