Wills Introduction

Question 1

Basic Will Execution

Answer 1

A will must be executed with the statutory formalities by a person (testator) with testamentary intent and testamentary capacity.

Question 2

Ways to Revoke a Will

Answer 2

A will may be revoked at any time prior to death by operation of law, subsequently written instrument, or physical act.

Question 3

Ways to Contest a Will

Answer 3

A will offered for probate may be contested by any interested party, usually on the ground of lack of capacity, undue influence, fraud, or mistake.

Question 4

When to Apply Intestacy Rules

Answer 4

1. No will;
2. Will fails (denied probate);
3. Will does not dispose of all probate property;
4. Will specifies intestate distribution.

Question 5

Surviving Spouses Share

Answer 5

In all states, surviving spouse takes the entire intestate estate if no descendants survive and, in Nevada, they take all your community property and split separate property with the kids.

Question 6

How much does a spouse inherit if they have no kids but the dead spouse has parents?

Answer 6

Spouse inherits all of your community property and 1/2 of your separate property while parents inherit the other 1/2 of your separate property.