Legal Question in Wills and Trusts in Nevada

My father lived in Nevada and died in 2015. He had a signed and notarized will dated in 1993. He had an unsigned and un-notarized draft of a trust document that changed the distribution of assets. Is the will still the document of record since the trust is not signed or notarized? Thanks.

Asked on 2/28/16, 8:40 am

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Unless there are some very unusual circumstances not revealed in your query, the signed will is likely to be the last statement of your father's intent. Under Nevada law, a will is to be witnessed by two adults, not notarized. A hand-written will is enforceable if it is in the handwriting of the testator and dated and signed by him. A notary's typing and writing on the document might render it invalid as a will.

An unsigned trust, though, is a worthless piece of paper. It cannot even be used just to establish evidence of your father's intent if it contradicts the will (assuming that is valid). By not signing it, the law would likely presume he did not agree with the "draft" and thus never intended for it to take effect.

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Answered on 2/29/16, 2:26 pm

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