As someone who understands the value of hard work and personal privacy, you likely want to make sure your assets are protected long after you're gone. Without a clearly documented estate plan, your wishes may not be honored, and state laws can step in to make those decisions for you. Nevada estate planning helps you take control of your future, allowing you to choose who receives your assets, how they are managed, and when they are distributed. This kind of planning offers peace of mind while avoiding unnecessary legal complications for your loved ones.
Many Nevada residents mistakenly believe estate planning is only for the wealthy or elderly. The reality is that your property, financial accounts, and personal belongings all make up your estate, and you deserve a say in how those items are handled. By planning now, you prevent confusion, reduce family conflict, and ensure your personal and financial legacy is honored. Estate planning isn’t about preparing for death—it’s about protecting everything you’ve built.
This guide explains how Nevada estate planning keeps your assets in the right hands and highlights the potential consequences of putting it off. If you want to maintain control, safeguard your privacy, and support those who matter most, it’s important to act now. Each section below will help you better understand your options and what steps to take next.
If you don’t create an estate plan, the state will follow a fixed process to decide who inherits your assets. Nevada’s intestacy laws are designed to distribute property to immediate family, but they rarely account for the complexity of your relationships or your personal intentions. Stepchildren, longtime partners, close friends, and charitable causes are often left out under these rules. Even if you've expressed your wishes verbally, they hold no legal weight without written documentation. You lose the ability to control where your legacy goes.
Dying without a will or trust also increases the risk of family disputes and delays in asset distribution. Relatives may have to go through probate, a legal process that can be both time-consuming and emotionally draining. Confusion over who should inherit can divide families, especially when loved ones are left guessing about your intentions. Nevada law doesn’t know your values or relationships—it simply follows a formula. The only way to ensure your preferences are honored is to document them in a valid estate plan.
Some individuals assume that their spouse or children will automatically inherit everything, but that isn’t always the case. Blended families, estranged relatives, or second marriages can complicate matters if your wishes aren’t clearly outlined. In many cases, the people you most want to provide for may end up with nothing. The lack of a plan often leads to outcomes you never intended. Protecting your loved ones starts by putting your instructions in writing and making sure they’re legally enforceable.
Unclaimed property doesn’t just happen to other people—it happens more often than you think. If your estate plan doesn’t include an accurate list of your accounts and assets, it’s possible some items will go unclaimed. Dormant bank accounts, forgotten retirement plans, or uncollected life insurance benefits can easily slip through the cracks. When these assets remain untouched for a specific period, Nevada law allows the state to take possession. This process, called escheatment, could mean your money never reaches your loved ones.
A common cause of escheatment is failing to update your estate plan or maintain records of your assets. If your executor or trustee doesn’t know an account exists, they won’t claim it during the distribution process. Once assets fall into state hands, your family may not be notified or may face unnecessary hurdles trying to recover them. The lack of planning and documentation increases the likelihood that your financial legacy becomes lost to the state. A detailed and updated plan prevents this outcome.
Creating a thorough estate plan with an inventory of assets is a proactive way to prevent escheatment. It’s important to review your documents regularly and communicate with your beneficiaries about the location of your records. A Nevada estate planning attorney can help ensure your plan includes every asset and account, including those that may be easily overlooked. Taking this step now means your property will be available to those you’ve chosen—not sitting unclaimed in a government account. Your efforts today can make a lasting difference for your family tomorrow.
Nevada estate planning is just as important for middle-income families as it is for the wealthy. Whether you own a modest home or have years of retirement savings, those assets represent your life’s work. You deserve to decide who benefits from them when you’re gone. Estate planning gives you the ability to make those decisions while avoiding unnecessary costs or delays for your loved ones. It ensures your assets reach the people you care about most.
One of the most overlooked benefits of estate planning is naming a guardian for minor children. If you don’t formally make that decision, a court will choose someone without your input. That can lead to outcomes that don’t reflect your parenting values or family structure. A will allows you to designate a trusted person to raise your children if something happens to you. That kind of preparation provides clarity and security during a difficult time.
Specific bequests also matter when it comes to honoring relationships and memories. You might want a friend to receive a family heirloom or a charity to receive a donation from your estate. Without instructions, those gifts won’t happen. Intestacy law doesn’t recognize friendships, partnerships, or sentimental attachments—it only follows bloodlines. Estate planning is how you make sure every piece of your life is passed on according to your wishes.
A will is a foundational document in estate planning, and it gives you the power to name heirs, guardians, and executors. However, a will usually goes through probate, which can be a lengthy and public legal process. Probate also opens the door to potential challenges and delays, especially if your estate is complex. While a will provides direction, it may not offer the level of control or privacy you expect. That’s where a trust can make a significant difference.
Using a revocable living trust allows you to transfer ownership of assets while maintaining control during your lifetime. After your death, the trust distributes your property without the need for probate, which speeds up the process and keeps your affairs private. A trust also gives you the ability to manage how and when beneficiaries receive assets, which is especially helpful for younger heirs or special circumstances. This tool offers flexibility that a will alone cannot match. Trusts are ideal for anyone who values privacy and efficiency in estate planning.
Choosing between a will and a trust depends on your specific goals, the complexity of your assets, and your preferences for control and confidentiality. Many individuals benefit from having both in place as part of a larger estate planning strategy. By working with a Nevada estate planning attorney, you can determine which approach best fits your needs. Planning ahead with the right documents helps protect everything you’ve built and keeps your legacy intact. Taking action now gives you confidence in your future and peace of mind for your loved ones.
Nevada estate planning empowers you to stay in control and reduce the risk of complications for your family. It ensures your assets are managed and distributed according to your wishes, not left to state procedures or chance. Whether you’re just getting started or updating an existing plan, it’s important to take inventory of your assets, identify your beneficiaries, and consider whether a trust could simplify the process. These steps protect your legacy and give your family clarity when it matters most.
Estate planning is an opportunity to define what matters to you and make sure your intentions are clear. It reflects the values you hold and the people you want to support. By choosing to act now, you prevent future confusion and ensure your estate aligns with your life’s work. It’s a thoughtful way to honor your past and prepare for what lies ahead.
Schedule a consultation with a Nevada who can help you build or update your plan. This small step can have a lasting impact for generations. Start your checklist, list your assets, and ask how a trust might benefit your unique situation. Your legacy is worth protecting, and we’re here to help you do just that.
If you created an estate plan with your spouse more than a decade ago, chances are it includes an AB trust. For years, this type of structure was a go-to strategy for married couples aiming to reduce federal estate taxes. But estate tax laws have changed dramatically, especially with the introduction of portability in 2011. As a business owner in Nevada, it may be time to evaluate whether your AB trust still supports your long-term financial and family goals.
AB trusts helped families preserve wealth under an outdated tax regime. Today, they can introduce complications you may not need. Reviewing your current plan with experienced legal counsel ensures that your estate strategy reflects both modern tax law and your present-day circumstances.
Before 2011, the federal estate tax exemption was not transferable between spouses. If you didn’t use your exemption when the first spouse passed, it was gone forever. The AB trust structure offered a workaround. Upon the death of the first spouse, their assets would be divided: Trust A (or the survivor’s trust) would hold the surviving spouse’s share, and Trust B (often called the bypass or credit shelter trust) would hold the deceased spouse’s assets.
This ensured both estate tax exemptions were utilized and assets held in Trust B wouldn’t be subject to estate tax upon the death of the surviving spouse. These arrangements were effective, especially when the exemption amount was lower and the tax risk was higher.
The landscape changed in 2011. The IRS introduced portability, which allows a surviving spouse to inherit the unused portion of their spouse’s federal estate tax exemption. Today, as long as a timely estate tax return is filed, a surviving spouse can combine their own exemption with their deceased spouse’s unused exemption.
In 2025, each individual has an estate tax exemption of $13.99 million. That means a married couple could potentially shield nearly $28 million without needing an AB trust. For many families in Nevada, especially those with estates under this threshold, that changes the planning equation entirely.
Retaining an outdated AB trust could result in unintended consequences. One of the most significant is the loss of a second step-up in basis on assets in Trust B. This means your beneficiaries may face large capital gains taxes down the road.
For example, let’s say your spouse dies and the assets in Trust B are valued based on that date of death. If you live another 15 years and the value of those assets increases significantly, your beneficiaries won’t get a new basis adjustment. This lack of a second step-up could create a substantial tax bill when they sell inherited property.
By contrast, assets passed outright or through a revocable living trust typically receive a full step-up in basis at each spouse’s death. That can help your heirs avoid capital gains tax and preserve more of your estate.
Despite the tax changes, there are still situations where an AB trust structure remains useful. If you have a blended family, you might want to ensure certain assets go directly to children from a prior marriage. An AB trust can help make that happen while still providing income and support to your surviving spouse.
These trusts can also offer protection from creditors, especially in cases where one spouse has legal or financial risk. For families looking to control exactly how and when beneficiaries receive inheritances, AB trusts provide a clear structure and rules for distribution.
As a business owner, you understand the importance of adapting to changing environments. Estate law is no different. Tax exemptions, legal frameworks, and family needs evolve. If your current estate plan was drafted more than ten years ago, it may not align with today’s realities.
A modern approach to Nevada estate planning means balancing asset protection, tax efficiency, and family harmony. That might mean keeping parts of your AB trust structure—but modifying the language, funding instructions, or distribution plan. Or it might mean removing it entirely in favor of more flexible, tax-smart solutions.
Meeting with an estate planning attorney helps clarify whether your AB trust continues to serve its original purpose. During the review, you can explore questions like:
Each estate is different. A customized review ensures that your plan works not only for tax reasons but also for the people and goals you care about most.
One of the most common issues with old AB trusts is failing to file the estate tax return that enables portability. Without this step, the surviving spouse loses the ability to use their partner’s unused exemption. Even if your estate is well below the threshold, filing this return is a smart long-term strategy.
Another pitfall is assuming that because your estate plan exists, it doesn’t need review. Over time, laws change, asset values fluctuate, and family dynamics shift. These factors all impact how well your plan functions when it’s most needed.
AB trust structures are not inherently flawed. For some, they continue to offer important benefits. The key is making sure the trust works under today’s law, not just yesterday’s.
With the right guidance, you can update or rework your plan to maintain protections while avoiding unnecessary complexity. For Nevada families and business owners, these updates can preserve wealth and provide clarity across generations.
If your estate plan is more than a few years old, or if it was created before 2011, now is the right time to revisit it. Whether you decide to eliminate, modify, or keep your AB trust, make the decision based on the current legal landscape and your personal objectives.
Working with a team that understands the nuances of Nevada estate planning can help you make informed, strategic updates. Reach out to Anderson, Dorn & Rader Ltd. in Reno to schedule a consultation and ensure your plan reflects today’s best practices.
As a parent, your first instinct is to protect your children. That instinct doesn’t stop with daily care—it should also extend into your estate plan. If something happens to you, whether temporarily or permanently, you need a legal framework in place that ensures your children are cared for by the right people and that their financial needs are met. A Nevada estate planning attorney can help you create a plan that does exactly that.
Estate planning is about more than distributing your assets after death. For parents of minor children, it's a vital part of ensuring continuity, stability, and protection. While many people believe that estate plans are only necessary for older adults or those with significant wealth, that couldn’t be further from the truth when children are involved.
A last will and testament remains one of the most critical estate planning documents, especially for parents. It serves as the legal tool that outlines your wishes for distributing your property, but more importantly, it allows you to name a guardian for your children in case both parents pass away.
Without a valid will, the decision about who raises your children may be made by a court that doesn’t know your family dynamics. Judges must make a determination based on what they believe to be in the best interest of your child, but this decision may not align with your wishes. Naming a guardian in your will helps guide that decision and provides reassurance for your loved ones.
Your will can also include a testamentary trust, which allows you to leave money or property to your children in a structured and secure way. This type of trust names a trustee to manage the assets and ensures that funds are used for the child’s benefit. Instead of receiving a full inheritance at age 18 or 21, children can receive distributions according to the terms you set. A Nevada estate planning attorney can help you build those terms in a way that reflects your family’s specific needs.
Life is unpredictable. A medical emergency, accident, or even a business trip could leave you temporarily unable to care for your child. A power of attorney for minors designates a trusted adult to step in and make decisions for your child if you’re incapacitated or otherwise unavailable.
This document can grant your agent authority over healthcare, education, financial, and even legal matters on your child’s behalf. In Nevada, powers of attorney for minors may have time limits—some expire after six months or a year. For that reason, it’s important to review and renew these documents regularly.
Without this legal authority, your chosen caregiver may face delays in enrolling your child in school, accessing medical care, or making necessary day-to-day decisions. Working with a Nevada estate planning attorney helps ensure the document is properly executed and provides the coverage you need for any short-term situation.
Many parents name a guardian in their will, but a standalone nomination of guardian adds another layer of protection. This document can be useful if your will isn’t immediately accessible or if you want a simpler way to update guardian information without redrafting your entire will.
Courts do give weight to guardian nominations, but they must be done properly to carry legal authority. A Nevada estate planning attorney can help ensure the nomination includes all required legal elements and that the selected guardian is clearly identified. It's also a good idea to name alternative guardians in case your first choice is unable or unwilling to serve.
Even though the court has final authority in appointing guardians, clearly stating your preferences makes your intentions known and guides the judge's decision. The nomination reduces the risk of family disputes or unexpected appointments, especially during an already emotional time.
While your will and power of attorney cover guardianship and temporary care, a revocable living trust can provide long-term financial stability. This document allows you to transfer ownership of your property and accounts to a trust that you control during your lifetime.
You can name a successor trustee to take over if you become incapacitated or pass away. The trust can hold funds for your children’s education, housing, medical care, and more—all under the terms you set. One advantage of a living trust is that it avoids probate, which can delay access to funds and introduce court oversight.
A Nevada estate planning attorney will help structure your trust to align with your parenting goals and financial resources. Trusts offer the flexibility to stagger distributions, incentivize positive life choices, and protect your children from creditors or poor financial decisions later in life.
A letter of intent isn’t legally binding, but it can add valuable context to your estate plan. This document allows you to explain why you chose a specific guardian, share information about your child’s routines, and express your wishes for their upbringing.
You can include details about schooling, religious beliefs, extracurricular activities, medical history, or anything else you believe is important. While the legal documents provide authority, the letter of intent communicates your values and helps your chosen guardian provide consistent care.
Discussing your guardianship preferences with family members ahead of time can also prevent misunderstandings. A Nevada estate planning attorney can help you include a letter of intent as part of your broader plan, ensuring your wishes are heard even when you cannot speak for yourself.
The absence of an estate plan leaves critical decisions to chance. If you don’t name a guardian, the court will select someone it considers appropriate. If you don’t prepare a power of attorney, temporary caregivers may struggle to meet your child’s needs. Without a will or trust, your child could inherit assets outright at 18, without guidance or safeguards.
You can avoid these outcomes with proper planning. Each document plays a specific role and complements the others. Together, they form a plan that not only protects your children but also eases the burden on your loved ones in times of crisis.
If you’re a parent of minor children and you haven’t addressed guardianship or care instructions in your estate plan, now is the time. Even if you already have a plan in place, it may need updates to reflect new laws or changes in your family.
Meet with a Nevada estate planning attorney to create or revise your will, power of attorney, guardian nominations, and trust documents. These tools work best when coordinated as part of a clear, proactive strategy. Anderson, Dorn & Rader provides guidance to parents throughout Reno and Northern Nevada, helping families protect what matters most.
Real property is often one of the most significant assets a person owns. Ensuring a smooth transfer of this property to loved ones upon death while avoiding Nevada probate court involvement requires careful estate planning. Probate can be a lengthy and costly process, prompting many homeowners to explore alternative legal strategies.
Fortunately, Nevada law provides several ways to transfer real estate without subjecting it to probate, including living trusts, transfer-on-death (TOD) deeds, and joint tenancy arrangements. Understanding these options is essential to creating an estate plan that aligns with your goals.
A living trust is one of the most effective ways to avoid probate while maintaining control over real estate. Property placed in a trust is legally owned by the trust itself, meaning it does not need to go through probate upon the original owner’s death. Instead, a designated successor trustee manages the distribution of assets according to the trust’s terms.
While living trusts offer many advantages, they require proper management. The property must be formally transferred into the trust, and trustees must understand their roles and responsibilities. Additionally, trusts may involve higher upfront costs than other probate-avoidance methods. Consulting with an estate planning attorney ensures that the trust is structured appropriately.
A transfer-on-death (TOD) deed allows a property owner to name a beneficiary who will inherit the property automatically upon their death. This method eliminates the need for probate, making it a popular option for estate planning in Nevada.
While TOD deeds simplify property transfers, they do not offer the same level of control as a trust. If multiple beneficiaries are named, disagreements may arise. Additionally, TOD deeds may not provide protection against creditors or ensure that the property is managed according to specific wishes.
Another method to bypass probate is joint tenancy with right of survivorship. When two or more individuals own a property as joint tenants, the surviving owner(s) automatically inherit the deceased’s share of the property without probate court involvement.
Each method of transferring real property in Nevada has distinct benefits and considerations. The most suitable option depends on individual circumstances, estate planning goals, and financial factors.
| Method | Avoids Probate? | Flexibility | Protection from Creditors? | Cost Considerations |
|---|---|---|---|---|
| Living Trust | Yes | High | High | Higher initial cost |
| TOD Deed | Yes | Moderate | Low | Low-cost option |
| Joint Tenancy | Yes | Low | Low | Low-cost option |
For those seeking comprehensive control over property transfers and estate planning, a living trust is often the best choice. However, TOD deeds and joint tenancy arrangements provide simpler, cost-effective solutions for those with straightforward estate planning needs.
Avoiding probate in Nevada requires strategic estate planning. Each option for transferring real property comes with unique considerations, and selecting the right one depends on individual goals and circumstances.
Consulting an experienced estate planning attorney ensures that real property transfers are legally sound, properly executed, and aligned with long-term intentions. Anderson, Dorn & Rader Ltd. in Reno provides expert guidance tailored to each client’s estate planning needs, offering solutions that protect assets and ensure a smooth transition for loved ones.
Contact Anderson, Dorn & Rader Ltd. today to schedule a consultation and create a customized estate plan that effectively transfers real property without Nevada probate court involvement.
Many newlyweds assume estate planning is something to think about later in life or after starting a family. However, without a proper estate plan, Nevada state law will determine how assets are distributed, which may not align with a couple’s wishes. Estate planning ensures financial security, protects assets, and prevents unnecessary legal complications.
For those who believe joint ownership or a prenuptial agreement is sufficient, it’s important to understand that estate planning goes beyond these arrangements. This article explores common myths and frequently asked questions about estate planning for newlyweds and explains why having a well-structured plan is essential.
A common misconception is that jointly owning all assets means an estate plan is unnecessary because the surviving spouse automatically inherits everything. While joint ownership can ensure a seamless transfer in many cases, there are significant risks to consider:
A comprehensive estate plan ensures that assets are protected, properly distributed, and managed in the event of incapacity.
A prenuptial agreement is designed to clarify asset distribution in case of divorce or death, but it does not address all essential estate planning concerns. Couples relying solely on a prenup may face unexpected legal challenges.
A well-structured estate plan provides security beyond what a prenuptial agreement offers by ensuring financial and medical decisions are properly managed.
Even without children, newlyweds need to consider how their assets will be handled in case of incapacity or death. Many assume their spouse will automatically inherit everything, but this is not always the case.
Creating a Nevada estate plan early in marriage helps avoid complications and ensures assets are managed according to the couple’s wishes.
Some newlyweds hesitate to start estate planning if they anticipate moving in the near future. However, delaying estate planning can leave a couple unprotected in an emergency.
Newlyweds should take proactive steps now to establish estate planning protections rather than waiting until after a move.
Estate planning is a crucial step for newlyweds looking to protect their assets, ensure financial security, and avoid legal complications. A well-structured estate plan provides protections that joint ownership and prenuptial agreements alone cannot offer.
Couples ready to take control of their financial future should schedule a consultation with Anderson, Dorn & Rader Ltd.. Their team of experienced Nevada estate planning attorneys can help create a customized plan tailored to each couple’s unique needs.
