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.
When most people think about creating an estate plan, they usually focus on what will happen when they die. They typically do not consider what their wishes would be if they were alive but unable to manage their own affairs (in other words, if they are alive but incapacitated). In many cases, failing to plan for incapacity can result in families having to seek court involvement to manage a loved one’s affairs. It does not matter who you are, how old you are, or how much you have—having a proper plan in place to address your incapacity or death is necessary for everyone. Recently, comedian and late-night talk show host Jay Leno had to seek court involvement to handle his and his wife’s estate planning needs due to his wife’s incapacity. Consulting with Reno estate planning lawyers can help you avoid such situations.
A conservator is a court-appointed person who manages the financial affairs for a person who is unable to manage their affairs themselves (also known as the ward). In Nevada, a conservator is known as a Guardian. The conservator is responsible for managing the ward’s money and property and any other financial or legal matters that may arise. They are also required to periodically file information with the court to prove that they are abiding by their duties. To have a conservator appointed, an interested person must petition the court, attend a hearing, and be appointed by a judge. This can be very time-consuming, and there are court and attorney costs that must be paid along the way. Reno estate planning lawyers can help streamline this process and provide necessary guidance.
In January 2024, Jay Leno petitioned the court to be appointed as the conservator of the estate of his wife, Mavis Leno, so that he could have an estate plan prepared on her behalf and for her benefit. Unfortunately, Mrs. Leno has been diagnosed with dementia and has impaired memory. Her impairment has made it impossible for her to create her own estate plan or participate in the couple’s joint planning. According to court documents, Mr. Leno wanted to set up a living trust and other estate planning documents to ensure that his wife would have “managed assets sufficient to provide for her care” if he were to die before her. Right now, Mr. Leno is managing the couple’s finances, but he wanted to prepare for a time when he is no longer able to do so.
On April 9, 2024, the court granted Mr. Leno’s petition. According to the court documents, the judge determined that a conservatorship was necessary and that Mr. Leno was “suitable and qualified” to be appointed as such. During the proceedings, the judge found “clear and convincing evidence that a Conservatorship of the Estate is necessary and appropriate.”
Although there was a favorable outcome in this particular case, it still took several months for Mr. Leno to be appointed by the court. In addition to the initial filings and court appearances, there will likely be ongoing court filing requirements to ensure that Mrs. Leno’s money is being managed appropriately. Had they prepared an estate plan ahead of time, much of this time and hassle would likely have been avoided. Reno estate planning lawyers can assist in preparing these crucial documents ahead of time to prevent such scenarios.
While many people may dismiss the Lenos’ experience as something that applies only to the rich and famous, the truth is that you could find yourself in the same situation (although with a smaller amount of money and property at play) if you are not careful. Let’s use this opportunity to learn from their mistakes.
We can help you and your loved ones regardless of where you find yourself in the estate planning process. Whether you are looking to proactively plan to ensure that your wishes are carried out during all phases of your life, or if you need assistance with a loved one who can no longer manage their own affairs, give us a call. Our team of Reno estate planning lawyers is here to assist you.
When we think about Reno estate planning, our minds often jump to major assets like real estate, bank accounts, retirement funds, and life insurance proceeds. However, there is another aspect that is just as crucial, yet frequently overlooked: our personal belongings, or the 'stuff' that we accumulate over a lifetime. These items, ranging from family heirlooms to everyday objects, carry both monetary and sentimental value, making them an integral part of estate planning.
Balancing Monetary and Sentimental Values
Monetary Value: Items like antique furniture or rare collectibles may have significant financial worth. It's important to accurately appraise these items and ensure they are adequately insured. Considerations like maintenance and storage should also be communicated to the future recipients to preserve their value.
Sentimental Value: Often, items like a grandparent's watch or a handmade quilt carry immense sentimental value. These are the belongings that can lead to emotional disputes among family members. Thoughtful planning and clear documentation of your wishes are crucial in navigating these sensitive areas.
The Logistics of Bequeathing Personal Property
Discussing with Beneficiaries: Open conversations with potential heirs about their interest in specific items are essential. This discussion can reveal who genuinely values an item and who may be burdened by its maintenance or storage requirements.
Multiple Interests: In cases where several beneficiaries desire the same item, consider ways to equitably distribute your assets or find creative solutions to avoid disputes.
Unwanted Items: Sometimes, what matters to us may not hold the same value for our loved ones. Planning for the possibility that no one may want certain items is also necessary. Options like selling, donating, or passing them to acquaintances should be considered.
Incorporating Personal Belongings into Your Estate Plan
Specific Gifts in Wills or Trusts: You can explicitly state in your will or trust who should receive specific items. For example, “I leave my antique vase to my daughter, Susan.” However, any changes to these wishes would require updating the legal documents.
Personal Property Memorandum: This flexible tool allows you to list items and their intended recipients. Unlike wills or trusts, this document can be updated without extensive formalities and is generally easier to amend.
The Residuary Clause: This clause covers any items not specifically mentioned. It can be structured to distribute these remaining belongings among a group of people or to a single individual, like a spouse or child.
The Importance of Professional Guidance
Creating a comprehensive and enforceable estate plan that includes your personal belongings is a complex task. It's advisable to work with an experienced estate planning attorney who can tailor a plan to your unique situation. Their expertise ensures that your wishes are clearly articulated and legally binding, providing peace of mind for both you and your loved ones.
