Last Will and Testament

Protecting Your Family with a Valid Drafted and Executed Last Will and Testament

A Last Will and Testament must be drafted correctly and then executed correctly or it is simply invalid and then the courts decide who controls your assets and who inherits your assets upon you passing away.  

At David Bindrup Law Firm, our Las Vegas estate planning attorneys prepare Last Wills and Testaments based on your wishes and goals while complying with the Nevada law requirements, so your loved ones inherit, not the government.

What Is a Nevada Last Will and Testament?

A Last Will and Testament is a legal document which provides the following: 

  • Guarantees that your intended beneficiaries inherit your assets and property. 
  • Guarantees that you choose who administers your estate (Executor or Personal Representative).
  • Guarantees who is guardian for your minor children.  
  • Guarantees funeral wishes and burial or cremation wishes.

To have these guarantees you must follow the requirements for a Valid Will in Nevada governed by Nevada Revised Statute 133, which includes: 

  • A Will must be made by someone 18 years of age or older and of sound mind.
  • A Will must be in writing (typed or handwritten “holographic”).
  • A Will must be signed by testator.
  • A Will must be signed and witnesses by two competent individuals above 18 years of age (unless holographic).

 

What Happens if You Do Not Have a Nevada Last Will and Testament?

Without a last will and testament, your estate is distributed under Nevada’s intestacy laws governed by Nevada Revised Statutes 134 which means: 

  • The state of Nevada decides who inherits — not you.
  • Stepchildren, or Unmarried partners will receive nothing and will get kicked out of the house by the biological children and bloodline family members of the deceased. 
  • Chosen family members may receive nothing or less than what you desire to leave them.  
  • Assets and property are split between the current spouse from a recent marriage and bloodline children.  This means that the current spouse could get kicked out of the house and must sell it to distribute proceeds to their stepchildren from the deceased spouse’s previous marriage.  
  • Family disputes frequently occur.  

 

(Note: We do not mean to scare you, but the intestacy laws frequently do not accomplish our clients’ wishes and can substantially change the life of the surviving spouse.  It is scary to think that the surviving spouse now must worry about finding a new place to live because the step-kids want their inheritance.  Frequently, the surviving spouse doesn’t have the funds to cash the step-kids out of the house, and they are forced to vacate and sell the house.  To make matters worse, the surviving spouse not only has only a portion of the equity in the house, but frequently they do not have the credit score and income to qualify for another new mortgage and purchase of a house.)

Can a Last Will and Testament be Changed or Revoked?

Yes!  All Last Wills and Testaments can be amended through a codicil or completely revoked by executing a brand-new Last Will and Testament. 

How Often Should I Update, Review, Revoke, or Change my Last Will and Testament?

It depends on you and your life changes, but at least every three years you should review your Last Will and Testament.  For example, these are the following reasons why you should review your Last Will and Testament: 

  • Marriage
  • Divorce
  • Birth or adoption of a child or grandchild.  
  • Change in assets or property. 
  • Received inheritance. 
  • Your designated executor or personal representative acts certain ways to cause doubt that they would be responsible for handling your financial affairs. 
  • Guardians for your minor children fail to act responsibly.  
  • Falling out with family members. 
  • Your minor children become responsible adults. 
  • Retirement planning and financial planning concerns.

 

As Estate Planning Attorneys in Las Vegas, Nevada, we have helped thousands of clients with Last Wills and Testaments and helped them feel peace knowing and guaranteeing their hard-earned assets are passed to their intended loved ones.

Locations

Henderson Office

10424 S. Eastern Ave., Ste. 101
Henderson, NV 89052

Las Vegas Office

9030 W. Cheyenne Ave., Ste. 210
Las Vegas, NV 89129

Pahrump Office

1321 S. Hwy 160, Ste. 8A
Pahrump, NV 89048

Phone

702.465.0888

Contact Us