Full question:
My husband and I were 45 years old when we married. My husband expired last month. During the 5years of our marriage, he never told me that he had made a will before he married me. Per my husband’s old will, everything goes to my brother in law in case of his death. Can I revoke my husband’s will?
- Category: Wills and Estates
- Date:
- State: Nevada
Answer:
In Nevada, if a person marries after creating a will and then passes away, the will may be revoked if the surviving spouse was not mentioned in it. This is unless the will specifically states the intention to exclude the spouse or includes provisions for them. According to Nev. Rev. Stat. Ann. § 133.110, a will is revoked as to the spouse unless it contains a clause showing the testator's intention regarding the future spouse.
Additionally, under Nev. Rev. Stat. Ann. § 123.250, upon the death of either spouse, the surviving spouse automatically owns an undivided one-half interest in the community property. Therefore, you may be able to revoke your husband's will if it does not include any specific provisions for you as his spouse.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.