Legal Question in Wills and Trusts in Nevada

Re: Last Will & Trust versus Living Will

Actually, you are thinking of a Living Trust. A common misconception is that a well-drafted will can avoid probate. In actuality, a will GUARANTEES your family will have to go through the probate process. The only estate planning instrument that easily avoids probate for your whole estate is the Living Trust. . . . and then only for those assets properly transferred into the name of the Trust.

Nevada does offer another alternative, however. If the only major asset of your estate for which you want to do some planning (i.e., avoid probate) is the family home, you can reconvey the house to your intended beneficiary (upon your death) in the deed, itself. Nevada Revised Statute 111.109 provides for "conveyance by deed which becomes effective upon death of grantor." This may be all you need to address your concerns, if all you have to leave to your beneficiaries is the house.

Re: Last Will & Trust versus Living Will

You want a living trust and deed your property into it.