Estate planning
Why estate planning matters, and how to get started
An estate plan is a set of written decisions about who is in charge if you can’t be, who receives what you own, and who looks after the people who depend on you. Without one, Nevada law decides those things for you, and a court supervises the process. Getting started takes one conversation, and you do not need to have anything figured out before it.
A lot of people put this off for years. It sounds like something for the wealthy, the first step is unclear, and the whole subject is the one thing nobody wants to think about. This guide is for the person who has been meaning to deal with it and would like to know, in plain terms, what it involves.
What an estate plan is
Strip away the vocabulary and an estate plan answers four questions. Who is in charge of your affairs if you become unable to manage them? Who receives what you own when you die? Who raises your children, and who manages what you leave them until they are old enough? And who is allowed to talk to your doctors and make medical decisions if you can’t?
The documents are those answers, written down in a form the law recognizes. A will, or a living trust, handles what you own. A financial power of attorney names the person who can act for you while you are alive. A health-care directive covers medical decisions and who makes them. Which combination fits you depends on what you own and who you want to protect, and that is exactly what the first conversation is for.
What happens without one
Nevada has a default plan for people who die without one. It is called intestacy, and it is written for everyone in general and nobody in particular. Property passes in fixed shares to a spouse and children, after community property rules are applied. A court appoints someone to administer the estate, usually the closest willing relative. If there are minor children, a court decides who raises them.
None of that is a disaster, but every one of those decisions is made by somebody else. A common surprise is that a will alone does not keep a family out of probate court in Nevada. A will is instructions for the court. Property titled in your name alone still goes through a court process, and how long that takes depends on the size of the estate. A plan built around a living trust, and funded, is usually how a family avoids that.
The other thing that happens without a plan is the part nobody talks about: the argument. Siblings who were always fine with each other find themselves guessing what a parent wanted, and guessing differently. Writing it down is a kindness to the people you leave behind.
The plan you already have, and the one you had done badly
Many people who call already have something. A will from another state. A trust that was drafted but never funded, so the house was never put into it. A plan prepared by someone who was not a licensed attorney, with the wrong people named or the names spelled wrong. A plan that was right when it was signed and has not been looked at since a marriage, a death, or a move.
A plan from another state is usually still valid, but it may no longer fit. Nevada is a community property state, has its own statutory forms for powers of attorney and health-care directives, and has no state income or estate tax. The first things to check after a move are the powers of attorney and the health-care documents, because hospitals and banks here will expect their own forms.
What the first conversation looks like
People sometimes assume they need to arrive organized. You don’t. The first conversation is about your family and your property. You describe who is in your life, what you own, and what you would want to happen. You will hear what the whole process looks like from beginning to end, and then only the first step: what it involves, what to expect from it, and what it costs. Estate plans here are quoted as a single flat fee at the consultation, so you leave knowing the number before anything is drafted.
From there, you receive drafts and walk through them with the attorney, document by document, until every page says what you mean. Then the documents are signed with the formalities Nevada requires, the deed that puts your home into the trust is recorded with the county, and you leave knowing where everything is and what each document does.
When you are ready to find out what your family needs, and what it doesn’t, call the office or send the form.
Request a consultationHow to get started
- Write down what you own. The house, the accounts, the vehicles, any life insurance or retirement plan. Rough values are fine.
- Write down the people. Who you would trust to be in charge. Who you want to provide for. Who you would want raising your children.
- Find what you already have. An old will, a trust, a deed. If you can’t find it, don’t let that stop you from calling.
- Call, or send the form. The office calls you back, and the first conversation does the rest.
Common questions
Do I need an estate plan if I don’t have much?
Almost everyone with a home, a child, or a bank account does. A plan is less about wealth than about who decides and who receives, and Nevada’s default rules rarely match what people would have chosen.
What’s the difference between a will and a trust?
A will is instructions for the probate court. A trust holds property so that it can pass, and be managed, without a court case. Which fits depends mostly on whether you own real estate, and the first conversation will tell you which.
What should I bring to the first meeting?
A list of what you own and roughly what it is worth, the names of the people you would want in charge and the people you want to provide for, and any documents you already have. Nothing has to be organized.
Does a plan from another state still work in Nevada?
Usually it is still valid, but it may no longer fit. Powers of attorney and health-care documents are the first things to check after a move.
This guide is general information about Nevada law, not legal advice for your situation, and reading it does not create an attorney–client relationship.