QUESTION

would i be entitled to any inheritance to my step moms estate when she passes away?

Asked on Jan 20th, 2013 on Residential Real Estate - Nevada
More details to this question:
my biological father passed away in September of 2011 with no will. my step mom has been married to my dad for the past several years and now she is getting ready to move to Chicago and rent out the property.when she passes away would i be entitled to any of the estate? I do live in the state of Nevada and i am having a little trouble finding information on this subject.
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1 ANSWER

R. Christopher Reade
The answer to your question (as with so many questions in law) is: it depends on the facts.  You state that your father passed away without a will (presumably in the State of Nevada), which is called intestacy.  Chapter 134 of the Nevada Revised Statutes governs intestate succession.  If a decedent leaves a surviving spouse, any property held as community property with right of survivorship would vest in the wife.  In regards to separate property, where your father left a spouse and child(ren), his separate property estate would have been divided (a) if you are the only child, 1/2 to the spouse and 1/2 to you; and (2) if there was more than one child, 1/3 to the spouse and the remaining 2/3 in equal shares to the children and the lawful issue of any deceased child by right of representation.   Under this provision, I presume that your stepmother took title to the real estate and owns the real estate. As to your rights to take under your stepmother's estate, the first question is whether she has a Will.  If she has a Last Will and Testament, her express bequests will control disposition of the property.  If she dies without a will (and subject to intestacy also), you would not be entitled to take from her unless you were an adopted child.    
Answered on Jan 22nd, 2013 at 1:48 PM

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