Wills

Even if you have a trust or other estate planning tools, a will serves as a foundational document that ensures your wishes are carried out. It can direct how assets not titled in your trust should be distributed, name guardians for minor children, and appoint an executor to oversee the settlement of your estate.

Without a will, you are considered to have died “intestate,” which means Nevada or California law will determine who inherits your property and who is appointed to manage your estate. This process may not reflect your personal relationships, and it can lead to delays, added expense, and disputes among surviving family members.

A properly drafted will works in harmony with your other estate planning documents, acting as a safety net to ensure nothing is left unaddressed.

If you die without a valid will, state “intestate succession” laws decide who receives your assets. In Nevada, for example, your estate is distributed to your closest relatives in a set order — starting with your spouse and children, then moving outward to parents, siblings, and other extended family. California follows a similar structure under its Probate Code.

This default distribution may not align with your wishes. For instance, unmarried partners, stepchildren, and close friends typically receive nothing under intestate laws unless specifically provided for in a will. Additionally, if you have minor children, the court will appoint a guardian without your input, which could result in someone you would not have chosen taking on that role.

A will allows you to avoid these unintended outcomes by clearly stating your preferences for both property distribution and guardianship.

Yes. You can change your will at any time during your lifetime as long as you have legal capacity. Changes are typically made through a codicil, a formal amendment to the will, or by creating a new will altogether.

It’s important to update your will after major life events, such as marriage, divorce, the birth or adoption of a child, significant changes in assets, or the death of a named executor or beneficiary. In Nevada and California, certain life events — such as marriage or divorce — can even revoke or alter parts of your will by operation of law, making periodic reviews essential.

At Handelin Law, we recommend reviewing your will every 3–5 years to ensure it remains accurate, legally sound, and consistent with your overall estate plan.

To be valid in Nevada, a will must generally be in writing, signed by the testator (the person making the will), and witnessed by at least two competent individuals. California follows similar rules, although it also recognizes “holographic” wills — wills entirely handwritten and signed by the testator — without witnesses, provided the material provisions and signature are in the testator’s handwriting.

Both states require that the testator be of sound mind and acting voluntarily, without undue influence or duress. If these legal requirements are not met, the will may be contested and potentially invalidated during probate.

Our attorneys ensure your will meets all applicable legal standards and is executed in a way that minimizes the risk of future disputes.