Legal Question in Wills and Trusts in Nevada

I have a will and only want to make a change in the Executor -- could I just cross the name out, put the name I want and then have it notarized somewhere - that is the only change I want to make.

I look forward to your response. Thank you for your time. (I live in Las Vegas, Nevada, but will was prepared in Missouri).


Asked on 1/10/11, 8:19 pm

1 Answer from Attorneys

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

To avoid the complications of challenges being brought to a will after your death, you really need to jump through some "formalities" hoops. A will, in Nevada, must be witnessed by two disinterested adults. An amendment to a will (called a codicil) must be treated with "equal dignity" to that of a will, so it, too, must be witnessed to be fully, legally enforceable. There is no place for a notarized signature in a will, and that will add nothing to your edit. One exception to the witness requirement is available.

Here is what you need to do: Just sit down with a piece of paper and write out - in your own handwriting - something like this, "I executed a Last Will and Testament on _______ (date) that included the following paragraph _____ (number): [then quote the full paragraph that includes the naming of the Executor.]. I desire to strike that paragraph and substitute the following paragraph: [then redraft the entire paragraph with the newly-named Executor.]" You can end the document with something like, "All other provisions of my Last Will and Testament shall remain the same as originally written." Sign it, date it, and file it away with the will. If you do the whole thing in your own handwriting (not typed, and with NOBODY else's writing on it), it is called a "holographic codicil" that is legally enforceable in Nevada, just as if it were also witnessed. Of course, if you have a couple friends around to act as witnesses, it can't hurt to have them sign it (then print their names, addresses and dates) as witnesses, too.

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Answered on 1/22/11, 1:18 pm


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