Legal Question in Wills and Trusts in Nevada

my mom left a will as well as a list of personal items she wanted given to individuals. Is this list legally binding? If the personal property is disposed of BEFORE the will is filed, is there any recourse?


Asked on 11/07/10, 6:40 am

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

If the list is written in your mother's own hand (i.e., not typewritten or printed from a computer) it may qualify under Nevada law as a "holographic will," which is legally enforceable. Alternatively, if it is referenced within the actual will - that is properly formatted, signed and witnessed by 2 disinterested persons - it may be enforceable as an addendum to the will. If neither is the case, it may have no legal effect.

What often happens in families is that the survivors "swoop" on the decedent's property and begin disbursing it before a formal probate is opened and the court has opportunity to monitor the distribution of property, as required by Nevada law (if the assets total in excess of $20k). Usually, by the time a will is lodged, a probate opened and the inventory completed, most everything that is readily mobile is already gone, leaving just real property, vehicles and accounts that the banks and other holders will not release. Generally, the only way this activity comes to the court's attention is if someone feels they did not get their fair share or there is some other dispute about the disbursements. Most often, if all are in agreement, the personal property is dealt with outside the view of the court - although that can be a direct violation of the probate statutes in Nevada.

What I am saying is if there are no disputes, just "get 'er done," then seek the guidance of the court to resolve any issues that cannot be settled in an amicable manner among the heirs/beneficiaries. That is not formal legal advice, but it is the way of the world, and the court would, frankly, rather deal just with those things where problems might arise.

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Answered on 11/12/10, 9:55 am


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