Fillmore, CA Estate Planning Law Firms & Lawyers

You need to speak to a probate lawyer as soon as possible about your situation. If your father died without a will trust, or other legally recognized document of that type, then he died intestate and did not designate anyone the sole beneficiary of his estate.

It depends upon a lot of things. In Nevada you would be entitled to 1/3 assuming it was his separate property and he left no Will. I urge you to speak with an attorney about your rights.

Possession of items does not make them yours. Without reviewing your father's Will and/or Trust, if there was one and without knowing the if the guitars were community or separate property and without knowing the value of your father's entire estate, I am unable to answer your question definitively. It is possible that none of you are entitled to them. He may have left a trust or Will leaving them to someone else. In Nevada if your father's estate is worth less than $100,000, even if he left a Will and assuming neither you nor your sister were under 18 when he died, your mother is entitled to them pursuant to Nevada's set aside statute. Whether she gave to you at the time may be fact driven. You should consult an attorney in person who can review the actual facts in your case. If they are her property, you may wish to buy them from her.