It is a common misconception that estate planning is reserved for only wealthy individuals. However, nothing could be further from the truth. It is critical that all adults have an estate plan and that the foundation of that plan is a will. If you pass away without a will, the law in Nevada will determine who receives your property, and this may not align with your wishes.
If you pass away without a will in place, you are known to have died intestate. When this occurs, the state’s intestacy laws will determine how your assets are distributed. The intestacy laws apply to any property owned within the state including real estate, bank accounts, vehicles, securities, and more. If you own property in another state, the intestacy laws in that location will apply. Below, our Nevada elder law attorney explains what happens if you pass away without a will.
Understanding the Intestacy Laws in Nevada
The intestacy laws in Nevada apply when a person passes away without a will. The laws that apply depend on your family status at the time of their death. They include:
- Married without children: If you were married but did not have children, your spouse will receive all community property as well as half of your separate property. Your parents will receive the remaining half of the separate property. If your parents passed away before you, your siblings will receive the other half of the separate property.
- Married with children: If you were married and had children, your spouse will inherit all of the community property. Any separate property you own will be distributed between your spouse and children. If you had one child, your spouse will receive one half of your separate property and your child will receive the other half. If you had two or more children, your spouse will receive one-third of your separate property and your children will receive the remaining two-thirds of your property.
- Not married with children: If you were not married but you had children, your property would be distributed evenly among them.
- Not married without children: If you were not married and did not have any children, your property would be distributed to your parents.
Community property refers to any assets obtained by you and your spouse acquired together during the marriage. Property acquired prior to the marriage, after divorce, or by inheritance or gift at any time is classified as separate property. While the intestacy laws will ensure your property is divided, it may not align with your wishes. For this reason it is critical to work with a Nevada estate planning lawyer who can draft a will and other documents to ensure your wishes are respected.
How Does a Lack of a Will Impact Domestic Partnerships?
Before the United States Supreme Court decided that bans on same-sex marriages were unconstitutional, people in same-sex relationships often entered into a domestic partnership. Now that same-sex marriages are legal under federal law, domestic partnerships are not as common. Still, Nevada law does recognize domestic partnerships and treats individuals as a spouse. As such, if you pass away without a will but are in a domestic partnership, your partner will receive your community property.
How Does a Lack of a Will Impact Cohabitating Partners?
For individuals who cohabitate but are not married, passing away without a will can make things very difficult. The intestacy laws in Nevada only apply to people who are related by blood, marriage, or adoption. Without a formal domestic partnership or a legal marriage, surviving partners do not typically have any rights under the law.
The only way to ensure cohabitating partners have rights to property after their partner passes away is to draft a will that specifically names them and the property they are entitled to. A Nevada estate planning lawyer can ensure your will is drafted properly and will be enforced to protect you, your future, and your partner.
Our Estate Planning Lawyer in Nevada Can Draft Your Will
Wills are not only for wealthy individuals, nor are they only for the aging population. It is critical that all adults have a will to ensure their wishes are fulfilled. At Boyer Law Group, our Nevada elder law lawyer can draft a will that reflects your intentions and protects you and your loved ones. Call us now at 702-255-2000 or contact us online to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.