Full question:
My husband left his property to his niece in his will executed before his death. Can I claim an elective share in his property?
- Category: Wills and Estates
- Subcategory: Elective Share of Estate
- Date:
- State: Nevada
Answer:
No, in Nevada you have no right to elect against your deceased husband’s Will. However, you are entitled to an undivided 1/2 interest in the joint property. Since Nevada is a community property state, the spouse is entitled to an undivided 1/2 interest in the community property of the decedent.You can have a look at the relevant law in this regard below:
Nev. Rev. Stat. Ann. § 123.250.
Ownership of survivor upon death of spouse; disposal by will of decedent.
1. Except as otherwise provided in subsection 2, upon the death of either husband or wife:
(a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.
(b) The remaining interest:
(1) Is subject to the testamentary disposition of the decedent or, in the absence of such a testamentary disposition, goes to the surviving spouse; and
(2) Is the only portion subject to administration under the provisions of Title 12 of NRS.
2. The provisions of this section:
(a) Do not apply to the extent that they are inconsistent with the provisions of chapter 41B of NRS.
(b) Do not apply to community property with right of survivorship.
(c) Apply to all other community property, whether the community property was acquired before, on or after July 1, 1975.
3. As used in this section, "community property with right of survivorship" means community property in which a right of survivorship exists pursuant to NRS 111.064 or 115.060 or any other provision of law.
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.
