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Question

My mother who owned the mineral rights and received royalties to property in Wyoming passed away in January 2008. I am her daughter who has taken care of her for the past twelve years. She had a will, but there was only one witness signature. She had no idea you needed 2. The problem I have now is her estate is in probate in Wyoming and I was informed that the estate is going to be split. They are going to give one third to my oldest brother, who had no contact with my mother for 30 years, and my middle brothers 4 children(who never had contact with my mother). Over the last 12 years I have had to quit a least 6 jobs just to take care of my mother. She kept telling me that I would be taken care of because she left the royalties to me. I don''t think it is fair that I gave up my life to take of my mother, and my brothers and their families did nothing. Is there anything I can do?

Submitted: 480 days and 20 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

Optional Information:
Sparks, Nevada

Already Tried:
Contacted lawyer in Wyoming-said I could not do anything. Contacted a lawyer in Reno, wanted $300.00 up front. I am broke.

Accepted Answer

If she does not have a VALID will, the laws of intestate succession require that her property be split equally between her next of kin, in this case you (1/3), your brother (1/3), and your deceased brother's 4 children (1/3).

Unfortunately, there is no legal action that allows you to recover more because you took care of her in the absense of other siblings. It seems unfair. However, if there is no will to state differently, then you're bound by the intestate laws of succession.

 

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Expert: Adam Kirk
Pos. Feedback: 99.3 %
Accepts: 
Answered: 7/30/2008

Lawyer (JD)

Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations

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