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Generick

Confused and frustrated

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My ex husband passed unexpectedly intestate. He only had one child, our child who is a minor. All other family lives out of state and has named me as the special administrator of the estate. I have the letters of administration from the court. 

He had a girlfriend living with him before his passing, they lived together almost 2 years. She was advised not to damage or remove any property as it would be going into probabte.

However, after gaining letters of administration I have found out that she has taken his car, his guns, drained his personal bank accounts and removed all of his personal property from the home including some of my child's claiming that the  property was a gift from the dececed? There is also damages to the home that my child (after being kept away from by her since he passed) has said were not there prior, as has my ex's mother who took pictures of the home before she as well was removed from her son's home by this person using her resident's rights. 

How is this civil and not criminal? How is it that I'm having to negotiate to try to get items returned for the estate and this person isn't in jail? Can someone explain this to me please? 

What rights do I have? What rights does my child have? 

Edited by Generick
forgot to mention damages to the property

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4 hours ago, Generick said:

All other family lives out of state and has named me as the special administrator of the estate.

 

Not quite sure what this means.  No one in your husband's family has the ability or authority to "name[] [you] as the special administrator of the estate."  Only the probate court can appoint you to serve in this capacity.  Since you later mentioned having obtained letters of administration, I will assume that the court did, in fact, appoint you.

 

 

4 hours ago, Generick said:

How is this civil and not criminal?

 

I'm going to guess that you reported what happened to the police and that they responded with the "civil, not criminal" statement.  All that means is that the police are exercising their discretion not to investigate the situation because you have a remedy through the probate court.  It certainly could be pursued as a criminal matter.

 

 

4 hours ago, Generick said:

What rights do I have?

 

Creating a list of rights would serve no useful purpose.  However, nothing you have posted suggests you have any rights relative to your ex-husband's estate.  The administrator of an estate has a lot of obligations and duties, but no rights, unless the administrator is also an heir, which you aren't.

 

 

4 hours ago, Generick said:

What rights does my child have?

 

NRS 134.090 provides as follows:  "If the decedent leaves no surviving spouse, but there is a child or children, the estate, if there is only one child, all goes to that child."

 

Administering an estate -- especially when estate property is in the possession of a third party who is unwilling or reluctant to turn over the property to the administrator -- is not a good do-it-yourself project.  You didn't mention anything that gives us any insight into the value of your ex's estate, but it would be a good idea at least to consult with a local probate attorney.

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5 hours ago, pg1067 said:

 

Not quite sure what this means.  No one in your husband's family has the ability or authority to "name[] [you] as the special administrator of the estate."  Only the probate court can appoint you to serve in this capacity.  Since you later mentioned having obtained letters of administration, I will assume that the court did, in fact, appoint you.

 

 

 

I'm going to guess that you reported what happened to the police and that they responded with the "civil, not criminal" statement.  All that means is that the police are exercising their discretion not to investigate the situation because you have a remedy through the probate court.  It certainly could be pursued as a criminal matter.

 

 

 

Creating a list of rights would serve no useful purpose.  However, nothing you have posted suggests you have any rights relative to your ex-husband's estate.  The administrator of an estate has a lot of obligations and duties, but no rights, unless the administrator is also an heir, which you aren't.

 

 

 

NRS 134.090 provides as follows:  "If the decedent leaves no surviving spouse, but there is a child or children, the estate, if there is only one child, all goes to that child."

 

Administering an estate -- especially when estate property is in the possession of a third party who is unwilling or reluctant to turn over the property to the administrator -- is not a good do-it-yourself project.  You didn't mention anything that gives us any insight into the value of your ex's estate, but it would be a good idea at least to consult with a local probate attorney.

Thank you for your insight, I have sought out legal representation as well as the 3rd party. We are currently working with her lawyer to return the property (close to 100k) I just don't understand if by law it is all my child's as sole heir why she feels she has rights as a "gift" to this property and why it's even being negotiated other than her using it as leverage? They weren't married.

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You have to understand that anything he owned jointly with the girlfriend, could now be hers. If she were on the bank account, which is possible because you said she took all the money out, If there was a survivorship provision on the bank accounts, then that money was hers when he died, and does not go through probate. It is facts like this that the attorneys will need to work out, it may not be as cut and dried as you think it should be.

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3 hours ago, Generick said:

I just don't understand if by law it is all my child's as sole heir why she feels she has rights as a "gift" to this property and why it's even being negotiated other than her using it as leverage?

 

Well...the simplest response to this is a question:  do you have any evidence that, before your ex died, he did not gift everything to his girlfriend?  In the case of something like a car that has a registered title, it's easy to figure out, but in the case of things like a TV or pretty much any other piece of property that doesn't have a registered title, it can be very hard to prove.

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7 hours ago, doucar said:

You have to understand that anything he owned jointly with the girlfriend, could now be hers. If she were on the bank account, which is possible because you said she took all the money out, If there was a survivorship provision on the bank accounts, then that money was hers when he died, and does not go through probate. It is facts like this that the attorneys will need to work out, it may not be as cut and dried as you think it should be.

I understand anything they had jointly she has claim to, I'm not arguing that. 

The account she withdrew from it has been verified there were no beneficiaries named and no one listed jointly or authorized users it was a sole account and the withdrawals were done online after he passed and put into her account.  

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6 hours ago, pg1067 said:

 

Well...the simplest response to this is a question:  do you have any evidence that, before your ex died, he did not gift everything to his girlfriend?  In the case of something like a car that has a registered title, it's easy to figure out, but in the case of things like a TV or pretty much any other piece of property that doesn't have a registered title, it can be very hard to prove.

Other than car, guns and home that has a title there would only be receipts of items purchased on his personal account but I guess that wouldn't help much in this case. Wouldn't she also have to prove that he gifted her these items as well? 

I'm just trying to do right for my child, and the family I know the father wouldn't have wanted for nothing to be left, not even a picture. For now all the child has is a small vile of ashes while she walks off with everything. I'm not seeking anything I divorced it, and left those rights. It's just hard to see a grieving child betrayed like this. 

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Contact the bank now to report the unauthorized withdrawals.

 

What you are failing to realize is that greed brings out the worst in people after someone has died.. She does not care whether she has hurt your child or even stolen from him.  

 

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9 hours ago, Generick said:

Other than car, guns and home that has a title there would only be receipts of items purchased on his personal account but I guess that wouldn't help much in this case. Wouldn't she also have to prove that he gifted her these items as well? 

 

Not necessarily. Personal property is presumed to be owned by the person who possesses it. You would have to prove that she didn't own it. To do that you would have to have receipts with your ex-husband's name on it.

 

With regard to guns, Nevada doesn't require gun registration. Even the Clark County registration requirement was eliminated by the governor in 2015. You would need to find receipts for them.

 

And you would still need to prove that he didn't gift all that stuff to her.

 

9 hours ago, Generick said:

I know the father wouldn't have wanted for nothing to be left, not even a picture.

 

No, you don't KNOW that. You just think it.

 

9 hours ago, Generick said:

It's just hard to see a grieving child betrayed like this. 

 

It's just "things." He'll get over it.

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2 hours ago, knort4 said:

Contact the bank now to report the unauthorized withdrawals.

 

What you are failing to realize is that greed brings out the worst in people after someone has died.. She does not care whether she has hurt your child or even stolen from him.  

 

Bank has been notified. I haven't failed to realise the greed, death and weddings show true colors. What I'm having a hard time seeing is the laws of probate stating that my child should have something of his father's and yet doesn't and a greedy girlfriend seems to have the law on her side because she claims it was all a gift? Why even bother with probabte then?

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3 hours ago, adjusterjack said:

 

 

And you would still need to prove that he didn't gift all that stuff to her.

 

 

No, you don't KNOW that. You just think it.

 

 

It's just "things." He'll get over it.

Why is burden of proof on the estate in probate and not her? She was informed prior not to damage or remove any property inventory has been taken and that it needed to be assessed she could take her sole property, and any joint property once assessed would either be given or she would receive her half of the amount and any of his sole property prior to their relationship after assessed and heirs she would be welcome to. Instead she loots the house in the night and claims gift. 

 I may not KNOW as you say but I would say most would find it hard to to THINK in their 2 years he would've been on board for her to have it all forget his only child cause it's just stuff and he'll get over it. Thank you for that advice, I'll keep reminding my child to hold on to the memories because it's all just stuff and she needs it more and that he needs to get over it. 

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If they were living together, it is more than likely many of the items in the house were joint property, especially as far as furnishings and everyday household items. If she illegally accessed the bank account after his death and took the funds when her name was not on the account and she was not authorized to do so then there is legal recourse for that. The house would likewise also go to your child. When it comes to things like cars it gets more complicated, hence why there are probate courts. If they shared a car, then it is possible he did intend it to be a gift to her- or at least she has a decent case to make for that being true.

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