Legal Question in Wills and Trusts in Nevada
Execution of will
My mother in law passed in may, the will has not been read, my sister in law said that it was set up not to need a lawyer. I thought for a will to final a lawyer had to execute the will and register it ,, when my dad passed we had a reading of the will and all, how is this possible?
2 Answers from Attorneys
Re: Execution of will
In Nevada there is a legal requirement that when a person dies anyone having the person's will should file it with the court in the county the decedent was a resident of. But in actual practice, many people only file a will if there is property with a title (such as real estate or a bank account) and this property does not have a joint tenant or a payable on death provision.
For example, if Bob dies and his house is in joint tenancy with Mary and his bank account is payable on death to Sam and all of his other property is a coin and antique collection, his will SHOULD be probated, but as a practical matter nothing stops the family from getting together and divvying up the coin and antique collection as they see fit.
If some family member is unhappy with the division process they could start a legal action, but that family member will have to pay a retainer fee to an attorney and the family member may just decide it is not worth it.
Re: Execution of will
Perhaps your mother-in-law established a Trust.
You should ask some more questions of your family members and ask for a copy of the estate planning documents, including the will, or at least an opportunity for your husband to look at them.
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