Despite the importance of creating an estate plan, it is something that many people in Nevada and elsewhere put off for as long as possible. An estate plan can provide instructions for how a person's assets should be distributed after he or she passes. It can also provide instructions related to the management of a person's finances or medical care. A comprehensive plan may allow surviving family members to avoid going through the probate process or paying a large estate tax bill.
Nevada residents and others who are creating an estate plan are encouraged to do so with the help of an estate planning professional. Using template forms when making a will can lead to a variety of unintended consequences. For instance, a template might not contain a residuary clause that would allow all of a person's assets to be distributed according to the document's instructions. Without such a clause, it is likely that only assets listed on the will are transferred to a beneficiary.
People often procrastinate about estate planning. It can be difficult to think about death although it may become more prominent in people's minds after the death of a celebrity. For example, Nevada fans of basketball star Kobe Bryant might have thought about what would happen to their own families if they were killed in a sudden accident as Bryant was.
Nevada residents who have had a loved one recently pass away may be interested to know if they were named in the will. A will is a legal document that allows a person to determine what happens to their estate after they pass away. Wills typically name the beneficiaries and the amount of the estate that they'll receive after the testator's death.
Estate plans can be complicated for Nevada residents. After losing a loved one, it can be a surprise for a person to discover that he or she has been excluded from the will. Regardless of why this might have occurred, it is important to keep assumptions at bay and consider how to address the issue. Many strategies have time limitations, so it is wise to act quickly.
Some people in Nevada who have created a will or a trust may feel that they have completed all the necessary estate planning documents. However, they may not have prepared documents that deal with becoming incapacitated. A health care directive, also known as a durable health care powers of attorney, a medical directive or a living will, is an important part of this planning, and most Americans do not have one.
Typically, when a person dies, a portion of that individual's estate goes to a spouse or child. However, not everyone wants to leave assets to their family members when they pass on. If a person specifically disinherits a child in a will, that son or daughter is entitled to nothing. If a child is to be disinherited, it is important that a child be specifically written out of the will regardless of the quality of the relationship between the potential beneficiary and the deceased parent.
Nevada residents who have been left out of a family member's will and those making their will may be interested to learn whether a family member can contest a will if they are not included in it. The basic answer is yes. It is possible for a family member to contest the validity of a will.
When millennials in Nevada hear about estate planning, they may think that it applies only to older individuals or those who have a family to protect. The truth is that everyone should be concerned about estate planning, regardless of age and current wealth.
No one likes thinking about dying, but it is a part of life. If a person, especially a parent, fails to prepare a will, they can put their loved ones in a bind. Here are a few things that Nevada residents should keep in mind as they go about estate planning and prepare their wills.