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Planning Ahead With a Las Vegas Will Attorney
It is never too early in life to start considering how an estate should be handled after death. People work hard for their assets and don’t want their prized possessions distributed by a probate court in a way that doesn’t match their wishes. By preparing a will or trust, you can decide who receives what and how it should be handled.
Meeting with a Las Vegas will lawyer while you are healthy and able to make clear decisions gives your family a plan they can actually rely on later. This is especially important if you leave a spouse or children who need guidance and financial support to make sure they are cared for.
While it’s a hard subject to think about, it’s usually best to have a plan in place so loved ones don’t struggle after you’re gone.
Are you and your family working out a last will and testament? Have your own attempts to draft a will gone nowhere? Are you sure the language you used actually says what you mean?
These are common problems people run into when they write their own wills. Many people try to save money by drafting their own documents, but this often creates problems later when loved ones have to deal with probate or trust administration. The better path is to work with a qualified will lawyer or probate attorney in Las Vegas.
The attorneys at the Las Vegas law firm of Ken R. Ashworth & Associates can answer your estate planning questions. Ken R. Ashworth brings over 30 years of legal experience to estate planning matters. We can help build a plan for your family’s future backed by a reputation for integrity and credibility built over decades in the Las Vegas legal community. Leave it to us to help you create a will in Las Vegas that is sound and gives your family’s future real protection.
When a Nevada resident dies without a will, state law decides how the estate’s assets get distributed. This can sometimes lead to results that feel unfair or split an inheritance in a way the person never intended. A properly drafted will states a person’s wishes clearly and tells the court how an estate should be distributed.
Having a correctly drafted will is one of the most useful things you can do for your loved ones. Beyond making sure your assets go where you want, a will can also give clear instructions for the care of your children and other family members.
This is why it helps to have a legal professional assist with your will or Nevada asset protection trust, since these documents need to hold up in court and survive challenges.
Benefits of a correctly drawn-up will include:
The flexibility to change a will is also why estate planning lawyers generally recommend reviewing it every few years, since family circumstances, property, and Nevada law can all shift over time.
Creating a will in Las Vegas is a fairly simple process, but it helps to work with an experienced Las Vegas wills attorney who can make sure the document is valid and holds up in court.
None of these steps are difficult on their own, but missing even one of them can leave a will open to a challenge later, which is why having someone check the document before it’s signed matters.
Nevada law sets specific rules for when a will counts as legally valid. Under NRS 133.040, a formal will must be in writing and signed by the person making it, called the testator, or by someone else at the testator’s direction. At least two competent witnesses must also watch the signing and sign the will in the testator’s presence.
Courts in Nevada read this rule strictly. If a witness steps out of the room during signing or a beneficiary also signs as a witness, the will or that gift can be thrown into question.
A will can also be made “self-proving” when the witnesses sign a sworn statement describing what they saw, which means they may not have to show up in court later to testify that the signing happened the way the law requires.
Nevada also recognizes handwritten wills, often called holographic wills, where the signature, the date, and the key provisions are all written in the testator’s own hand.
These do not need witnesses or notarization, but they carry real risk if a date is missing or a provision is unclear, since there is no one else who watched the document get signed.
When a Nevada resident dies without a valid will, the estate passes under NRS Chapter 134, the state’s intestate succession law, which sets who inherits when there is no will. Because Nevada is a community property state, only the half of community property that belonged to the person who died is affected, and that half generally goes to the surviving spouse. Separate property follows a different hierarchy.
A spouse and one child typically split separate property evenly, while a spouse and more than one child split it with the spouse taking a smaller share and the children dividing the rest. If there is no surviving spouse or child, the law moves to parents, then siblings, and further out along the family tree before an estate would ever revert to the state.
For families in Clark County, these cases are handled through the probate division of the Eighth Judicial District Court, whose clerk’s office sits on the third floor of the Regional Justice Center at 200 Lewis Avenue in downtown Las Vegas.
Smaller estates sometimes qualify for a faster, simplified process instead of full probate. Whether an estate qualifies depends on its value and the kind of property involved. Planning ahead lets you handle these details now instead of leaving them to a court filing after the fact.
Ken R. Ashworth has practiced law in Nevada for more than 30 years, and the firm he leads has served Las Vegas and Henderson families since he opened it in 1996.
Before law school, he worked at a Las Vegas accounting firm, which gives him a practical read on the tax and asset questions that often show up alongside a will, from business interests to retirement Planning accounts.
Ashworth has also taught continuing legal education seminars for the National Business Institute. His topics include using limited liability companies (LLCs) in asset protection and estate planning, and post-mortem trust administration, the work that happens after someone passes away. He is a member of the Clark County Bar Association and the American Bar Association.
A fellow Las Vegas estate planning lawyer, Kris Ballard, has described him as “a fine lawyer and an honest man,” a comment from one attorney in the local legal community about how he practices.
When you are looking for a will or trust attorney, it matters to find someone qualified and experienced in this area of law. The knowledge and guidance a Las Vegas lawyer brings help make sure your will is executed correctly and meets Nevada’s legal requirements.
Some benefits include:
If you want confidence that your estate will be handled according to your wishes, a Las Vegas wills attorney can help make that happen.
While useful, a will does not avoid the need to go through the probate process. A properly used trust can help families avoid probate altogether. Both wills and trusts can be an important part of a full estate plan.
Nevada law does give smaller estates a shortcut. Depending on an estate’s total value and whether it includes real property, state law allows some estates to be distributed through a simplified affidavit or a single court petition rather than a full administration.
Whether an estate qualifies for one of these shortcuts, or needs full probate, depends on details that are worth reviewing with an attorney rather than guessing after the fact. Our attorneys can meet with you to discuss your needs and help you choose the option that fits.
Cost depends on how complex your estate and family situation are. A simple individual will typically costs less than a will paired with a trust or detailed tax planning. Many firms, including ours, discuss fees upfront during an initial meeting so there are no surprises once drafting begins.
A formal Nevada will must be in writing, signed by the testator or someone signing at their direction, and signed by two competent witnesses who watch the signing and sign it themselves in the testator’s presence. Missing any one of these elements can make the will invalid.
Yes. Nevada allows fully handwritten wills where the signature, date, and key provisions are all in the testator’s own handwriting, with no witnesses or notarization required. These wills carry real risk, though, since there is no outside witness to confirm how or when they were signed.
Your estate passes under Nevada’s intestate succession law. A surviving spouse generally keeps the decedent’s share of community property, while separate property is split among a spouse, children, parents, or other relatives based on an order set by state law, not your personal wishes.
Probate matters for Clark County residents are filed with the Eighth Judicial District Court. The clerk’s probate office is located on the third floor of the Regional Justice Center at 200 Lewis Avenue in downtown Las Vegas.
Yes. A will can be changed through a formal amendment called a codicil, or replaced entirely with a new will, as long as you are of sound mind when you do it. Many people review their will every few years or after a major life event, such as a marriage, divorce, birth, or move.
A self-proving affidavit is a sworn statement signed by your witnesses describing how the will was signed. It is not required, but it can make probate faster later, since the witnesses may not need to appear in court to confirm the signing happened properly.
Often, yes. Nevada courts will generally honor a will that was validly executed under the laws of the state where it was signed. It is still smart to have a Nevada attorney review an out-of-state will, since differences in community property rules or witness requirements can create problems during probate.
A will directs how your assets are distributed and still goes through probate. A properly funded living trust can let assets pass to beneficiaries without probate at all. Many Nevada estate plans use both together, since a trust rarely covers every asset by itself.
A: No. Depending on the estate’s value and whether it includes real property, Nevada law allows some smaller estates to be transferred through a simplified affidavit or a single set-aside petition instead of a full probate administration.
Putting off a will doesn’t make the decisions go away. It just leaves them for a court to make instead of you. A Las Vegas will lawyer at Ken R. Ashworth & Associates can walk through your family’s situation, explain what Nevada law requires, and help you build a will that actually reflects your wishes.
Contact us today to schedule a consultation and start putting your plan in place.
