Legal Question in Real Estate Law in Nevada
individually owned property
a married couple, separated, and one
owns property in his name only.
Both wills leave everything to the
other, Is probate required in this
instance?
Asked on 3/21/07, 12:18 am
1 Answer from Attorneys
Jeffrey Cogan
Jeffrey A. Cogan, Esq., Ltd.
Re: individually owned property
Yes, there are two ways to avoid probate. Own the property as Joint Tenants with right of survivorship or placed in a living trust. The husband may want to change his will so that the wife will only get her community property interest rather than the whole house, at least until the parties reconcile or get divorced.
The divorce decree will automatically revoke the will as to the divorced former spouse.
Answered on 3/21/07, 7:07 am
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