Sacramento, CA asked in Real Estate Law and Probate for Nevada

Q: Does a holographic will dated 2017 supersede a trust dated 2011?

My sister-in-law died a few months ago with a trust dated 2011. We found, in her bedroom, a hand-written will, dated(2017) and signed, that conflicts with the trust.

In the body of the will, the wording "If I die today I will all my belongings to go to ******* my sister ***** *****'s granddaughter". Does this supersede the trust? And does this include real property?

Related Topics:
2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI

A: Ahhh the REAL reason people should not do DIY estate plans. ASSUMING Nevada recognizes holographic wills (Talk to a local attorney about that one) and FURTHER assuming this meets the requirements of such under Nevada law (again, consult a local attorney) the language is as you note a bit ambiguous. NORMALLY 'belongings' refers to TANGIBLE personal property, not real estate of intangibles. But that isn't real clear. What was the testator's intent? Good question, and eventually a Court will have to interpret this unless ALL the parties can agree! I trust you see where this is going.

Additionally, I assume there was also a will in 2011? Does the holographic will refer to it, and does it specifically revoke it?

FURTHER, if there are assets that are titled in the name of the 2011 Trust all this likely doesn't matter because the will won't impact those assets. Probably.

There is no one 'simple' answer here. You need to take the documents to a local attorney and have them review EVERYTHING including the nature of the assets in question, and whatever 'external' evidence might arise in a court hearing challenging the will!

Good luck! --This answer is provided for informational purposes only and does not create an attorney - client relationship. If you need legal advice you should consult with a local attorney. I am licensed to practice in Michigan only.

Jonathan Craig Reed
Jonathan Craig Reed
  • Probate Lawyer
  • Las Vegas, NV
  • Licensed in Nevada

A: As a general rule, things that have a title such as cars, bank accounts, real estate etc. are in a trust only if the tile has been changed to put the property in a trust. So if I own a house title in my name and I leave a trust saying my goes to A and a Will saying my house goes to B, B wins because the house wasn't in the trust.

Holographic Wills are valid in Nevada but only if certain conditions are met.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.