Asked in Estate Planning for Nevada

Q: In Nevada are Will's nullified after marriage? My father is getting married again.

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

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.

Delwyn E. Webber
Delwyn E. Webber
Answered
  • Estate Planning Lawyer
  • Las Vegas, NV
  • Licensed in Nevada

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.

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