Today I want to discuss a question that comes up quite frequently: What happens if my spouse passes away and they were the only one on Title to the marital residence? The short answer is that the spouse who is left behind will more than likely have to go to probate court.
For example, if the husband passes away with the wife still remaining, and the husband is the only one who was on Title to the real property that they own, what does the wife do? In order to get the title transferred to her, she’s going to have to go to probate court. This is a lawsuit to get the judge to order the assets or Title of the person who passed away to be given or transferred to the proper people who are inheriting.
A lot of confusion exists in this realm because Nevada is a community property state. People automatically assume that because it’s a community property state, that if one spouse dies, then the other spouse just automatically gets the property. Unfortunately, that’s not always how it works. The other spouse gets it if it’s community property, but they don’t just automatically get it; they have to go through the probate process.
There are many ways to avoid this, most of them being in the estate planning realm. One of the most popular ways to avoid having to go to probate court when someone passes is to have a Trust. A Trust ensures everything gets transferred to the right people, with you being completely in control of how that would be done, because your wishes are what’s written in the trust.
If you want to talk about this or any other estate planning and probate means, give us a call to set up a complimentary 15 minute phone consult with Sarah. You can schedule here directly, or call our office at 702-850-7798.