Parents often give their children verbal instructions about what they want to happen after they pass, especially when it comes to money or family property. Children remember these things and will go through great lengths to fulfill their parents’ last wishes, but what happens when those spoken words do not match what is in their parents’ estate planning documents?
What does the law say?
Under Nevada law, a will or trust only has legal force if it meets formal requirements. This means the document has to be written, signed and properly witnessed. Verbal statements, no matter how sincere cannot override these legal documents.
If a parent tells you one thing, but their will says another, the court will always follow the will. The same rule applies to trusts, powers of attorney and other estate planning documents.
Why verbal promises are problematic
Parents want the best for their children. But even with the best intentions, relying on verbal instructions can cause:
- Confusion about what your parent really wanted
- Disputes among siblings or beneficiaries
- Costly and time-consuming probate litigation
These conflicts can strain relationships and drain the very estate your parent worked to protect.
What you can do instead
It is difficult to have a conversation about your parent’s last will. But if they have spoken wishes that they communicated with you, respectfully ask them to have it in writing and add it to their will. Let them know that you want to honor their wishes, but your hands will be tied should their oral instructions be different from what they have in their will. Ask them gently to update their will while they are still legally competent.
If your parents are old, encourage them to speak with a Nevada estate planning attorney as soon as they can. Written updates called codicils or trust amendments will ensure that their wishes are legally recognized after they are gone.
Prepare for the future
Once a person passes, their estate plan becomes legally binding. Verbal instructions, texts or handwritten notes without proper signatures rarely hold up in court, so handle these changes while your parent can still legally update their documents. If you are unsure where to begin, speak with a qualified estate planning attorney who can help protect your parent’s legacy and your peace of mind.