When someone passes away in Nevada without a will, state law has specific rules about who inherits their estate. These rules aren't always obvious, but they follow a precise order.
Let's break down exactly who gets what in simple terms.
Spouse Only Scenario
If you pass away and only your spouse survives you, it's straightforward - your spouse gets everything.
This includes community property (stuff acquired during marriage) and separate property (things you owned before marriage or inherited).
No complicated splits or math is needed here.
Spouse and Children
This scenario gets more interesting. Your spouse keeps all community property, which makes sense since it was acquired during marriage.
However, your separate property gets split 50/50 between your spouse and one child - if you have multiple children, then it is ⅓ spouse and ⅔ children.
For example, if you own a house bought during marriage, it goes to your spouse.
But if you inherited $100,000 from your parents, your spouse gets $50,000, and your child gets the other $50,000.
No Spouse, But Have Children
The process becomes simple again when there's no surviving spouse, but you have kids. Your children inherit everything equally, regardless of their age or circumstances.
This includes all types of property - both community and separate.
There's no preference for older children or those who might need it more; everyone gets the same share.
Parents Inherit (No Spouse or Children)
Your parents are next in line if you have no spouse and no children. Here's where it works in two ways:
Both parents alive? They split everything 50/50
Only one parent alive? They get 100%
For example, if you leave behind a $200,000 estate and both parents are alive, each gets $100,000. If only your mom were alive, she would get the full $200,000.
Siblings' Rights
When there's no spouse, children, or parents, your brothers and sisters inherit everything equally.
This includes half-siblings, and the share size doesn't change based on your number of siblings. Everything gets divided into equal portions.
Important Considerations
Creating a clear estate plan now will help your family later.
Consider documenting your family tree, keeping clear asset records, and noting which assets are community versus separate property.
Most importantly, consider creating a will if you want to override these default rules.
What Counts as What?
Community property includes assets acquired during marriage, like joint bank accounts, houses bought together, and shared investments.
Separate property covers inheritances, gifts specifically to you, things owned before marriage, and personal injury settlements.
Want to ensure your assets go to the right people? Schedule a free consultation to discuss your estate plan.
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