Losing someone you love is devastating. However, life can get even more difficult when you realize you must handle all their property and affairs after they are gone. And if they didn’t leave a will? That’s when things can get messy, especially when it comes to their house.
Are you worried about what might happen to your house – or a loved one’s house – if there’s no will? You’re not alone. But don’t worry. We’re here to help you figure it out.
Do you know what happens to a house in Nevada when the owner dies without a will? We do! At John Park Law estate planning law firm, our Nevada estate planning lawyers can help you. We’ll break it down into simple terms, so you know what to expect and how to handle it. And we’ll explain why having an estate planning attorney on your side can make things a whole lot easier.
Even better, we can also help you create a plan to protect your loved ones when you are gone.
What Does It Mean to Die Without a Will in Nevada?
When someone dies without a will, we say they died “intestate.” This means they didn’t have instructions on what to do with their property and possessions. In Nevada, some laws kick in when this happens. These laws are called intestate succession laws, and they decide who gets what.
It’s important to note that these laws may not always align with what you or your loved one might have wanted. They are a standardized solution to a deeply personal matter. When it comes to significant assets like a house, the stakes are particularly high.
How Does Nevada Decide Who Gets the House?
When someone dies without a will in Nevada, the state’s laws of intestate succession determine who inherits the deceased’s property, including their house. These laws are outlined in Chapter 134 of the Nevada Revised Statutes (NRS). Here’s a breakdown of how Nevada decides who gets the house in various scenarios:
- If the deceased was married:
- If there’s a surviving spouse and only one child (or the issue of one child), the house is split equally between the spouse and the child.
- If there’s a surviving spouse and more than one child, the spouse gets one-third of the house, and the remaining two-thirds is split equally among the children.
- If a surviving spouse has no children, the spouse gets half the house, and the deceased’s parents get the other half (or all of it if only one parent is alive).
- The entire house goes to the deceased’s siblings if there’s no surviving spouse, children, or parents.
- If the deceased wasn’t married:
- If there are children, the house is divided equally among them.
- If there are no children but surviving parents, the house goes to the parents.
- The house goes to the deceased’s siblings if there are no children or parents.
- If there are no siblings, the house goes equally to the next of kin.
- Special circumstances:
- Adopted children have the same inheritance rights as biological children.
- Half-siblings inherit equally with full siblings.
- If a minor child dies unmarried and without children, their inherited property returns to the siblings or their children.
- If no relatives can be found:
- If the deceased has no surviving spouse or relatives, the house escheats to the State of Nevada for educational purposes.
It’s important to note that these rules apply specifically to separate property. Different rules apply if the house was community property (acquired during the marriage). In most cases, the surviving spouse would inherit the deceased spouse’s share of the community property house.
Also, a valid premarital agreement can override these intestate succession laws. If such an agreement exists, its terms would determine how the house is distributed.
Understanding these laws can be complex, especially in blended families or situations with distant relatives. For this reason, it is important to draft a will to ensure your house and other assets are distributed according to your wishes rather than relying on the default rules of intestate succession.
What’s Is Probate?
When someone dies without a will in Nevada, their property and possessions usually go through something called probate. Here’s what happens:
- Someone gets put in charge (because there’s no will saying who should do it)
- They figure out what the person owns and how much it’s worth
- They pay off any debts or taxes
- They give out what’s left according to those intestate succession laws we talked about
Probate can take a LONG time – sometimes months or even years! During all this time, the house is just sitting there, which can be very stressful for the family.
Example Scenarios: What Happens to a House When the Owner Dies Without a Will in Nevada?
The laws governing what happens to a house when the owner dies without a will (intestate) in Nevada can vary depending on specific circumstances. Here are some hypothetical scenarios to illustrate how these laws might apply:
Scenario 1: Single Owner with Adult Children
- Scenario: A single person owns a house and has three adult children.
- Outcome: Nevada’s intestacy laws would typically distribute the house equally among the three children, assuming they are all surviving.
Scenario 2: Married Couple with Children
- Scenario: A married couple owns a house and has two children together.
- Outcome: If the surviving spouse is the community property spouse (the spouse who did not contribute the initial funds for the house), they would typically inherit the entire house. If both spouses contributed to the purchase, the surviving spouse would inherit one-half of the house, and the other half would be divided equally among the children.
Scenario 3: Single Owner with Minor Children
- Scenario: A single person owns a house and has two minor children.
- Outcome: A guardian ad litem would be appointed to represent the minor children’s interests. The court would then determine the children’s best interests and appoint a guardian to manage the house and its income until the children reach adulthood.
Scenario 4: Joint Ownership with Non-Family Members
- Scenario: A person owns a house jointly with a friend or business partner.
- Outcome: The surviving joint owner would typically inherit the entire house, regardless of whether they contributed to the purchase. However, if the joint ownership was based on a tenancy in common, the surviving owner’s share would depend on the original ownership percentages.
Scenario 5: House Owned in Trust
- Scenario: A person places their house in a trust.
- Outcome: The trust document would dictate what happens to the house after the owner’s death. The trust may name specific beneficiaries or provide instructions for selling the house and distributing the proceeds.
Factors Affecting Distribution
While intestacy laws provide a general framework, several factors can influence the distribution of a house:
- Marital Status:
- Married: If the decedent was married, the surviving spouse generally inherits the entire community property estate, including the house.
- Unmarried: If the decedent was unmarried, the property will typically be distributed to their children, parents, siblings, or other relatives based on the order of succession.
- Children:
- Legitimate Children: Children born in wedlock or adopted by the decedent will generally inherit the property.
- Illegitimate Children: The rights of illegitimate children may vary depending on the circumstances and the specific laws in effect at the time of the decedent’s death.
- Parents:
- If the decedent has no surviving children, their parents will typically inherit the property.
- Siblings:
- If the decedent has no surviving children or parents, their siblings will inherit the property.
- Other Relatives:
- If there are no surviving children, parents, or siblings, the property may be distributed to more distant relatives, such as aunts, uncles, cousins, or grandparents.
Additional Factors
- Premarital Agreements: If the decedent had a premarital agreement in place, it can significantly impact the distribution of property, including the house. The agreement may specify how the property will be divided in the event of death.
- Trusts: If the decedent had established a trust, the terms of the trust will generally govern the disposition of the house. The trust may name specific beneficiaries or provide instructions for selling the house and distributing the proceeds.
- Specific Bequests: Even if a decedent dies intestate, their will may contain specific bequests, such as leaving the house to a particular individual or charity. These bequests will take precedence over the intestacy laws.
- Community Property Laws: Nevada is a community property state, which means that property acquired during a marriage is generally owned equally by both spouses. This can significantly impact how a house is distributed upon the death of one spouse.
- Estate Planning: It’s important to note that these scenarios are based on general intestacy laws. If the owner had a will or other estate planning documents in place, those documents would likely override the intestacy laws.
It is crucial to have a will in place to ensure that your property, including your house, is distributed according to your wishes. A will allows you to name your beneficiaries, specify how your property will be divided, and appoint an executor to manage your estate. By having a will, you can avoid the potential complications and uncertainties that can arise when an individual dies intestate.
Let Our Nevada Estate Planning Lawyers Help
Losing someone you love is never easy. When there’s no will to guide the way, it can feel overwhelming. But remember, you don’t have to do this alone.
Handling intestate succession laws and probate in Nevada can be overwhelming, especially when dealing with the loss of a loved one. The laws surrounding inheritance without a will are intricate, and every family’s situation is unique. That’s why it’s crucial to have an experienced estate planning attorney on your side through it all.
Don’t let the absence of a will add unnecessary stress to an already difficult time. Contact John Park Law today for a confidential consultation. Let us help you honor your loved one’s memory while protecting your family’s future.
Call our estate planning law firm at 702-857-7879 or fill out our confidential contact form to schedule your consultation. Your peace of mind is our priority.
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