Q: In Nevada are Will's nullified after marriage? My father is getting married again.
A: No the will is not nullified but the surviving spouse might be able to elect to take a share of the estate against the terms of the will. How much depends on many other factors such as how much of the state was separate property and how much was community property, how many children the decedent had, and what provisions the decedent made for the surviving spouse outside the will.
A: Good morning;
The following is the NV Statute which answers your question:
1. If a person marries after making a will and the spouse survives the maker, the will is revoked as to the spouse, unless:
(a) Provision has been made for the spouse by marriage contract;
(b) The spouse is provided for in the will, or in such a way mentioned therein as to show an intention not to make such provision, including, without limitation, by a reference in the will to a future spouse by name; or
(c) The spouse is provided for by a transfer of property outside of the will and it appears that the maker intended the transfer to be in lieu of a testamentary provision.
2. When a will is revoked as to the spouse pursuant to subsection 1:
(a) The spouse is entitled to the same share in the estate of the deceased spouse as if the deceased spouse had died intestate; and
(b) The remaining provisions of the will remain intact to the extent those provisions are not inconsistent with paragraph (a), including, without limitation, any provision concerning the appointment of a personal representative.
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.