Is her son entitled to any of his mother's estate? 2 Answers as of January 08, 2016

They got married. She has child from a previous marriage who is never adopted by her husband. She passed away intestate. If all community and personal property automatically become the property of the husband, (which will become the property of his descendant's upon his death), hasn't the state basically disinherited the son?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
If she chooses to do nothing then your example is correct. However, she can make an estate plan. She/they should consider a trust that may protect both her children and his children. However, if an estate is small ($100,000 or so) and there is a surviving spouse, even if she has a Will, it may still all go to husband. She should speak with an attorney regarding her planning options. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.
Answer Applies to: Nevada
Replied: 1/8/2016
Stephens Gourley & Bywater | David A. Stephens
At least in Nevada, if she did not have a will, her son is entitled to inherit from her separate assets.
Answer Applies to: Nevada
Replied: 1/7/2016
Click to View More Answers: