Must Haves for a Nevada Will Drafted by a Probate Attorney
No one looks forward to death or what happens to their things when they pass away. Nevada has inheritance laws that divide your property into equal amounts that go to your spouse and/or children if you do not have a will at the time of your death. These laws also come into play if you created a will that does not meet the state’s requirements. Working with a probate attorney is a smart way to make sure your will is valid and binding, but you can also look at what the document should contain.
Dying Without a Will
When choosing estate planning lawyers Las Vegas locals often want someone to help them draft a will because they don’t know what will happen if they don’t have one. Nevada inheritance laws give your entire estate to your spouse. Even if you were not together at the time of your death but were still married, they inherit everything. If you are divorced and have kids, the estate passes to them. The state will equally divide your property and give a share to each child. Your parents will inherit your property if you pass away and do not have a spouse or children. Nevada also allows your siblings to get your items if you have no children or a spouse and your parents passed away.
Why Do You Need a Probate Attorney?
You need to work with a probate lawyer to guarantee that your belongings go to the intended receivers. Do you have some family jewelry that you want to give to your daughter? Your will can name her as the recipient. A will allows you to designate specific things that you want to go to certain people. It also lets you establish how much of a piece of property you want someone to inherit. For example, you might own a business that you want to give to your children and grandchildren in equal shares. You can use your will to list money or resources that you want to give to nonprofit organizations, too.
Nevada Will Requirements
A will is only legal and binding in Nevada if the person was 18 or older when they created it. The only exception is for legally emancipated minors. If you are under the age of 18 but have legal emancipation, you can create and file a will. The bottom of the will must have the person’s signature. Your children or other family members can argue that your will is not valid because your signature does not look right on the paper. In cases where the person cannot write, they can designate someone to sign the will for them.
Your will must also contain the signatures of two witnesses. It should list their full names and addresses below their signatures. If anyone contests the will, those witnesses may need to come forward and state that you were of sound mind and body when you created it. The witnesses should be people who you did not name in the will. You cannot have your son and daughter sign if you give them anything in your will. A probate lawyer can arrange for witnesses to sign your will. You need to type the will, too.
Holographic Wills in Nevada
Nevada is one of several states that will accept a holographic will as legal and binding. Unlike a will that your lawyer helps you create, a holographic will is one you write yourself. Nevada will only accept this type of will if you sign and date the bottom. A large portion of the will must also be in your handwriting. Anyone can contest the will and claim that you didn’t write it. They can also contest it on the basis that you created it under duress or that you were not mentally or physically well when you wrote it. With an estate planning attorney Las Vegas locals such as yourself can get help creating a will that is both valid and binding.
What to Include in Your Will
Your will is essentially a list of your last wishes and tells your loved ones what you want them to do. It’s a good idea to include any wishes you have about your funeral and final resting place such as asking that they use a specific funeral home or bury you next to your parents. If you prefer cremation, you can request who you want to keep your ashes and where you would like them to scatter your ashes. Wills often include some guardianship Las Vegas wishes, too.
Guardianship wishes are helpful if you are a single parent or you have a child and the other parent is no longer in the picture. You can list who you want to become the guardian of your children such as a parent or sibling. Setting up a trust ensures that the individual has the money they need to raise the child, but you can also set aside funds that the child can access as an adult. Working with a probate attorney Las Vegas firm also lets you establish a pet trust. You can leave money behind that goes towards the care of your beloved pets.
Amending Your Will
Any time you want to change your will, you have the option to do so. Your probate attorney will recommend that you change your beneficiaries when you go through major life changes such as a divorce or the death of your spouse. Most lawyers recommend that you update your will as your child grows and when you buy or sell a property. Your will should not include any property you no longer own such as a vacation home or a classic car. In most cases, you will update your will once every three to five years. Make an appointment to talk with your probate lawyer to go over your old will and make any changes you need.
Make a Binding Nevada Will
As much as you trust the people in your life, you can’t always rely on them to do the right thing. Money always changes things. It can make someone you knew for years cut off others to make more money and even steal from your spouse or kids. Nevada law states that a will is only valid and binding if it has the signatures of two witnesses as well as your signature. You can avoid the hassles of dying without a will and worrying about what happens to your family. Talk with a probate attorney about drafting a will today that meets all of the requirements in Nevada.