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My mother started a medical claim for becoming ill on the…

Customer Question
My mother started a...

My mother started a medical claim for becoming ill on the job but unfortunately passed away prior to completing the claim. We were forced to reapply for the claim, but my father (whom she have been separated from since 1999) had to complete it on behalf of her surviving children. He wrote out an agreement that he would turn the benefit payment over to the children once he received payment, but now he has renig. My Mother not only left a will not entitling my father to anything, but also naming my sister as the Executor to make all financial decisions

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Nevada

Lawyer's Assistant: What documents or supporting evidence do you have?

Legal Separation Document, the Will, & the signed agreement made between my Father and my family

Submitted: 1 month ago.Category: Legal
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Answered in 9 minutes by:
3/15/2018
Lawyer: Bill Attorney, Lawyer replied 1 month ago
Bill Attorney
Category: Legal
Satisfied Customers: 2,016
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Dear Customer ,

Thank You for posting you estate law question this evening. I'm attorney Bill assisting you in relation to the division of your mother's estate.

Despite your father being left out of the will a spouse does have an elective share inheritance right unless your father signed a marital agreement disclaiming any spousal rights to inherit an elective share.

In relation to the medical claim this is something the executor named in the will needs to follow up with as the executor of the will is empowered to claim and sue on behalf of all claims to the estate.

Your father will be informed of his right to elect against any share given in the will.

Then the rest of the estate is distributed according to the will.

Your father would also have a right to the marital home:

"

Except as otherwise provided in a premarital agreement between the husband and wife which is enforceable pursuant to chapter 123A of NRS:

1. If the property declared upon as a homestead is community property, the husband and wife shall be deemed to hold the homestead as community property with a right of survivorship. Upon the death of either spouse:

(a) The exemption of the homestead from execution continues, without further filing, as to any debt or liability existing against the spouses, or either of them, until the death of the survivor and thereafter as to any debt or liability existing against the survivor at the time of the survivor s death.

(b) The property vests absolutely in the survivor.

2. If the property declared upon as a homestead is the separate property of either spouse, the husband and wife shall be deemed to hold the right to exemption of the homestead from execution jointly while both spouses are living. If the property retains its character as separate property until the death of one or the other of the spouses:

(a) If it is the separate property of the survivor, the exemption of the homestead continues.

(b) If it was the separate property of the decedent, the exemption of the homestead from execution continues as to any debt or liability existing against the spouses, or either of them, at the time of death of the decedent but ceases as to any subsequent debt or liability of the survivor.

(c) The property belongs to the person, or his or her heirs, to whom it belonged when filed upon as a homestead.

3. If the property declared upon as a homestead is the property of a single person, upon the death of the single person:

(a) The exemption of the homestead from execution continues, without further filing, as to any debt or liability existing against the person at the time of his or her death and as to any subsequent debt or liability against a person who was living in his or her house at the time of his or her death, if that person continues to reside on the homestead property and is related to him or her by consanguinity or affinity, even if the person through whom the relation by affinity was created predeceased the declarant.

(b) The right of enjoyment of the property belongs to each person described in paragraph (a) until that person no longer qualifies under that paragraph.

4. If two or more persons who are not related by consanguinity or affinity have claimed as a homestead their respective undivided interests in a single parcel of land or a mobile home, upon the death of one the exemption of the entire property from execution continues as to any debt or liability of the decedent and the other declarants until the death of the last declarant to die, but only for the benefit of a declarant who continues to reside on or in the property."

We are here to help so please follow up with me as required.

I'm an independent legal expert offering impartial legal information and rely on your positive rating to get a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated.

Best

Attorney Bill

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