Legal Question in Wills and Trusts in Nevada

Do it yourself Will

What you are proposing is not enough to make a Will valid. The requirements for making a Will are contained in Chapter 133 of the Nevada Revised Statutes. SEE http://www.leg.state.nv.us/NRS/

However, unless you have nothing of substantial value to give away, get an attorney to draw up a Will for you. The fee will be small compared to the cost of trying to probate your poorly created home-made Will.

Re: Will

Actually, what you are proposing IS sufficient to make an enforceable will in Nevada. What you are suggesting is known as a "holographic will," and is defined by NRS 133.090:

1. A holographic will is a will in which the signature, date and material provisions are written by the hand of the testator, whether or not it is witnessed or notarized. It is subject to no other form, and may be made in or out of this state.

2. Every person of sound mind over the age of 18 years may, by last holographic will, dispose of all of the estate, real or personal, but the estate is chargeable with the payment of the testator�s debts.

3. Such wills are valid and have the same force and effect as if formally executed.

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Thus, you certainly can list all your property, state to whom each item (or percentages of value, etc.) is to go when you die.

Far better, though, would be to pay the couple hundred bucks to have an attorney draft a simple will for you, have it properly witnessed by two disinterested persons, and make a formal record of your intentions that will not "mysteriously disappear," depending on who gets to the document first. There are also certain bits of "legalese" that will further ensure the enforceability of the will, should someone bring a challenge to it.

If you would like to discuss your circumstances further, feel free to contact my office.

Rick D. Williams, Esq.

Sparks, NV

775-358-1958

mailto:[email protected]