I will inherit my parents estate and want to leave it to my two daughters, not my husband. my husband and I have a joint living trust with all our assets. can I have a living trust set up to take care of my parent estate to make sure they go to my daughters?
2 Answers from Attorneys
Unless your parents direct otherwise, their gifts to you would be your separate property under Nevada law. You can direct your separate property to your children unless you have made a contract to the contrary with your spouse. Your attorney can advise further
Under Nevada law, property acquired by a married couple during marriage is presumed to be community property, shared equally by both spouses. One clearly set out exception is inherited property. (See Nevada Revised Statute 123.130.) You are legally entitled to dispose of your separate property in any way you see fit, without your husband having any enforceable claim to it.
The real property must be properly titled to make clear that it is not intended to be a gift from you to the community (that is, to you and your husband); rather, a clear "statement" can be recorded to put the public on notice that it is yours and yours alone, and is to be conveyed to your daughters upon your death. Do not put it in your joint trust with your husband. You certainly can have an individual trust for that specific property, expressing your specific wishes for it.
Call an experienced estate planning attorney to discuss how best to handle all this and to ensure your wishes are honored.