Last Wills And Testaments In Nevada
A will is a legal document through which you can express your wishes regarding how your property should be distributed after your death. It can help you, the testator, control what happens to your property even after you are gone, minimizing family disputes and other problems.
However, trying to create a will without legal assistance can result in mistakes and confusion. This could give your heirs or other parties grounds to contest the validity of the document, ending up with the will being declared invalid. Don’t let this happen to you. Contact Abrams Probate & Planning Group in Las Vegas for skilled legal help from a trusted lawyer: (702)369-3724.
Reasons To Create A Will
Creating a will allows you to:
- Appoint someone you trust to take care of any children who are still minors when you pass away
- Pass on your business to your chosen heirs or co-owners
- Provide for your loved ones by giving them assets and property after your death
- Give back to society by handing over your property to charities
- Minimize contention between family members left behind
How To Execute A Will
To properly execute a will in Nevada:
- The person making the will must be at least 18 years old and competent.
- The will itself must be in writing, signed by the person making the will, witnessed by at least two disinterested people and signed by those people as witnesses to the will, in the presence of the person making the will.
Nevada recognizes the use of “holographic wills,” which are wills handwritten by the testator, dated and signed by him or her.
When Disputes Arise
When someone has legal grounds for contesting a will, the contestant can request a jury to consider rejecting the will. In Nevada, however, this must be done within a given period of time. Common grounds for contesting wills include undue influence, fraudulent circumstances, incapacity and improper drafting.
Dying Without A Will
Failure to make a will does not necessarily negate the distribution of your estate to your heirs. If you die without a will, the remaining estate must be probated “intestate.” This means that upon conclusion of the estate’s probate administration, the remaining assets will be distributed according to Nevada’s laws for intestate succession.
In other words, your assets may be distributed in part to a surviving spouse, children, grandchildren or perhaps next of kin. Very rarely will your property go to the state of Nevada.
Whether you die testate (with a will) or intestate (without a will), the estate must be probated to transfer those assets to heirs.