There is a large disparity between courts in our great nation. No matter where a person lives, probate administration inheritances can be extremely complex issues — and mandates governing probate law vary from state to state. Nevada residents may be able to relate to a recent case that took place in Iowa, wherein a young girl was found to be ineligible to receive her late father’s inheritances.
Suffice it to say, this story is a sad one, as the little girl was born two years after her father’s death from leukemia. In light of the cancer diagnosis, the girl’s parents made the choice to preserve some of the father’s sperm, because the decision would allow him to father a child with his wife even after passing on. After his passing, the woman made the decision to be artificially inseminated, and a baby girl was born.
The child’s mother originally fought the inheritance decision and was victorious, but later learned that her child did not satisfy Iowa’s laws concerning inheritance. Many believed the law at the time to be outdated; as it stated the rights of a child concerning inheritance is limited to said child having had a relationship with the individual at the time of his or her death. Iowa has since passed a law amending the prior mandate to include children who were conceived posthumously, but sadly for the family involved in this case, the new law is not retroactive.
This story is indeed uncommon, but inheritances and their dispersal are routinely complicated. People who are considering estate planning or probate administration may be best served to retain the employ of a qualified attorney who has experience in this specific area of law. An attorney who has a familiarity with the Nevada law may be able to provide people with a clearer understanding of their rights, thereby saving loved ones unnecessary heartache.
Source: WTOP, “Daughter can’t receive dead dad’s benefits,” Michael J. Crumb, Aug. 31, 2011