Legal Question in Wills and Trusts in Nevada

I am sorry to hear of your loss. I wish it were as simple as you have proposed. The law requires, however, that a bit more involved process be undertaken. First, you cannot do it with deeds - since the owner (your deceased husband) cannot sign them as Grantor - so they could not convey the property to you and the children. Unless your name was also added to the title on the house at some point in the past, you have no legal authority to disburse the property after his passing.

Although it is improbable, there may be some legal authority for you to act in his behalf that remains from the guardianship to which you were appointed. Generally, those powers expire with the ward (your husband), so you probably do not have any legal power to transfer the property as his guardian, either.

It is, indeed, generous of you to want to share the asset with his children, but Nevada law says that you are entitled to the full ownership, as the surviving spouse, even though he acquired it prior to your marriage. If the home is the only substantial asset he left, you may be able to avail yourself of a streamlined probate process under Nevada statutes, found at NRS 146.070. Provided the total assets do not exceed $100,000, a fairly informal process may be utilized to get the title to the house properly released to you. If you then choose to convey the 50% ownership to the children, you may accomplish that in a manner that preserves your right to occupy and enjoy the house for the remainder of your life or until you waive such interest. Your attorney can advise you on "life estates" or separate contracts of possession that will enable you to do just that. The option chosen will depend on, among other things, what you intend to do with your 50% ownership upon your passing. You and the children should be able to get all this accomplished for no more than a few hundred bucks, including the consultation, preparation of documents and filing fees.

I wish you well!