Legal Question in Wills and Trusts in Nevada

aunt's trust

36 hours before my aunt M. passing she changed her

trust. There are liquid assets totalling

$28,000 which belonged to my aunt and about 3/4

million in oil royalities and a house which are hard

assets. The following note was written:

I M. being of sound mind and body bequeath the

following assests to: 1/2 to my sister 1/2 to my niece

And all previous wills and trusts are void. (The

understanding the this would be the liquid assets, not

all assets.) My family asked for a copy of the previous

wills and trusts and my father asked my cousin if he

was mentioned and my cousin stated he was never

once mentioned. When we finally recieved the old will

my cousin had lied because my father is mentioned on

every page of the old wills, up until 2001(which was the

last will until the hand written note). There was a

hearing NOV.1st where my cousin and aunt S (aunt M's

sister) petitioned the courts in Nevada for the 28,000 in

liquid assets. My father did not contest it. My question

is what happens to the hard assets (house/oir

royalities)? Can my aunt S sell my aunt M's home?


Asked on 11/13/02, 10:14 pm

2 Answers from Attorneys
Douglas Barr The Barr Law Firm, P.C.

Re: aunt's trust

If this case is being probated in Nevada, I can't help you; if this is a New Mexico case, I'd be glad to help, including a free initial consultation by telephone.

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Answered on 11/14/02, 2:07 pm
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: aunt's trust

A will written entirely in the handwriting of the testator is called a 'holographic will.' Such are valid in NM when properly witnessed, assuming no other impropriety. A will made hours before the testator's death is automatically suspicious as having been signed when of unsound mind or under some duress from a beneficiary of the holographic will. Assuming the document you speak of is eligible to be admitted to probate in NM, the personal representative must deal with the assets according to the directions of the will. A big assumption. This sounds as though it has the makings of a will contest.

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Answered on 11/14/02, 10:10 am


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