What is a Will? "A will is a legal declaration of a person's wishes
regarding the disposal of his or her property after death especially
a formally executed written instrument by which a person makes
disposition of his or her estate to take effect after death."
from Findlaw.com
If
you die without a Will, your estate will be distributed according
to state law and the courts, and not as you may have wished. Also,
guardianship for any minor children may be court determined.
What
does a Will do?
A Will disposes your property and also allows you to select a
guardian for your children.
Who
can create a Will?
Any person of sound mind, over the age of 18.
What are the signing requirements
of a Will?
The Will must be in writing and signed by the testator, or by
an attending person at the testator's direction, and attested
by at least two competent witnesses who subscribe their names
to the Will in the presence of the testator. However, an electronic
Will or Holographic Will can also be completed.
What
happens if I get married and do not change my will?
If a person married after making a Will and the spouse survives
the maker, the Will is revoked, unless provisions were made in
a marriage contract or unless the spouse is provided for in the
Will or is mentioned to show an intention not to include the spouse
in a Will.
I
have gotten divorced since I did my Nevada Will. Will my ex-spouse
receive property if it is not changed?
It is advised that after a divorce situation, the Will be changed;
however, if a divorce occurs, the Will takes effect in the same
manner as if the former spouse had died first.
If
someone receives my home in the Will will they be required to
continue making payments?
Yes, even if there are no specific directions in the Will for
payment.
If
a child is born after I complete the Nevada Will, will they be
included in the division of property?
Yes, the child is entitled to the same share he/she would have
received if you had died without a Will, unless it is apparent
in the Will that he/she should not be included.
What
happens if a person in my Will dies before me?
If the person leaves lineal descendants, in the absence of a provision
in the Will, the estate in the Will is to be given to the decendants.
Where
do I keep the Will after it is signed?
You should keep the original in a safe place, like a safe deposit
box, and give a copy to your representative.