• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Anderson, Dorn & Rader, Ltd

Reno Estate Planning Attorneys

  • Home
  • About Us
    • About Our Firm
    • Communities We Serve
      • Carson City
        • Churchill County
          • Fallon
      • Douglas County
        • Gardnerville
        • Minden
      • Lyon County
        • Dayton
        • Yerington
      • Washoe County
        • Incline Village
        • Reno
        • Sparks
    • Meet Our Team
    • News & Events
  • Services
    • Advanced Estate Planning
      • Estate & Gift Tax Planning
    • Asset Protection
    • Trustee Services
    • Financial & Investment Planning
    • Foundational Estate Planning
      • Estate Planning Services
      • Inheritance Estate Planning
      • Incapacity Planning
      • IRA & Retirement Planning
      • Legacy Wealth Planning Reno
    • LGBTQ Estate Planning
    • Pet Planning
    • Probate & Trust Administration
    • SECURE Act
    • Special Needs Planning
  • Resources
    • Blog
    • DocuBank
    • Estate Planning Resources
      • Estate and Gift Tax Figures
      • Estate Planning Articles
      • Estate Planning Definitions
      • Free Estate Planning Worksheet
      • Is Your Estate Plan Outdated?
      • Top Estate Planning Techniques
    • F.A.M.E.
    • Frequently Asked Questions
      • Asset Protection
      • Estate and Gift Tax
      • Estate Planning
      • LGBTQ Estate Planning
      • Pet Planning
      • Probate
      • Probate and Trust Administration
      • Special Needs Planning
    • Newsletters
    • Pre Consultation Form
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning For Niches
      • Trust Administration
    • Top Five Ways to Avoid Probate
    • Trust Administration Checklist
    • Videos
  • Events
  • Contact
  • Reviews
    • Our Reviews
    • Review Us
    • (775)  823-9455
    • ATTEND AN EVENT
Anderson, Dorn & Rader, Ltd.
Home » Estate Planning » How is my property transferred if I die intestate?

How is my property transferred if I die intestate?

March 19, 2014 by Gerald M. Dorn, Estate Planning Attorney

Dying “intestate” simply means you did not have a will.  Each state has its own “intestate succession” laws.  Nevada is no exception.  How your property is distributed upon your death, depends primarily on which relatives survive you, or are still living at that time.
The Laws of Intestate Succession in Nevada.
Generally, only assets that you own alone in your name only will pass through intestate succession.  Examples of property that does not pass through intestate succession, assuming the beneficiaries or joint owners are living at your death include:

  • Any assets you transferred into a living trust,
  • life insurance proceeds,
  • funds in an IRA, 401(k), or other retirement account
  • securities held in a transfer-on-death account
  • payable-on-death bank accounts
  • vehicles held by transfer-on-death registration, or
  • property you own with someone else in joint tenancy or as community property with the right of survivorship.

Instead, these assets will pass to the surviving co-owner or beneficiary you named, whether or not you have a will.
Which relatives are in line to inherit in Nevada?
If you have children when you die, but no spouse, parents or siblings, then your children will inherit your estate. Next in line would be your spouse, parents and your siblings, in that order.
Because Nevada is a Community Property state, your spouse will inherit your share of the community property upon your death.  “Community property” is property acquired while you were married, except gifts and inheritances given to only one spouse, even if acquired during marriage.
So, if you have a spouse and children who survive you, your spouse inherits all of your community property and 1/2 or 1/3 of your separate property.  If only your spouse and parents survive you, they split your separate property equally, but your spouse inherits all of the community property.  The same is true for siblings and a spouse, if your parents are not living at the time of your death.
Who are legally considered to be “children?”
Children who have been legally adopted receive a share along with any biological children.  However, foster children or stepchildren that were not legally adopted do not automatically receive a share. Children you placed for adoption and who were legally adopted by another family are no longer entitled to a share of your estate.
Special Circumstances in Nevada
There are a few other special circumstances that warrant mentioning.  Children you conceived, but were not born before your death (posthumous children) can still receive a share.  Children born outside of marriage can only receive a share of your estate if it can be proven that you acknowledge them as your children and contributed to their support.
So-called   “half” siblings inherit as any other sibling would.  Relatives entitled to an intestate share of your property will inherit whether or not they are citizens or legally in the United States.  Finally, Nevada’s “killer” rule says, that anyone who feloniously and intentionally kills you, will not receive a share of your estate.  If you have any questions regarding inheritance and intestate succession, or need assistance in will drafting in Nevada, please give us call.

  • Author
  • Recent Posts
Gerald M. Dorn, Estate Planning Attorney
Gerald M. Dorn, Estate Planning Attorney
Gerald Dorn is a shareholder and has been a partner at Anderson, Dorn & Rader, Ltd. Since 1998. Mr. Dorn has extensive experience serving wealthy families and business owners in the development of estate, tax and asset protection planning strategies. He made the decision to focus his practice in the area of estate planning after witnessing the personal grief and financial loss suffered by several of his clients as a result of poor planning. These experiences motivated him to dedicate his professional life to assisting his clients to preserve their life’s work for their heirs and to create a lasting legacy for those they love. Mr. Dorn is able to accomplish his mission through the use of a vast number of estate planning tools, both basic and advanced, for all of his clients at Anderson, Dorn & Rader, Ltd.
Gerald M. Dorn, Estate Planning Attorney
Latest posts by Gerald M. Dorn, Estate Planning Attorney (see all)
  • Getting Ready for 2021 - December 15, 2020
  • Myths We Tell Ourselves About Estate Planning - October 13, 2020
  • Living Trusts Streamline the Estate Administration Process - June 8, 2020

Filed Under: Estate Planning

Primary Sidebar

Anderson, Dorn & Rader, Ltd

Blog Subscription

Free Estate Planning Worksheet

Follow Us

  • Facebook
  • LinkedIn
  • RSS
  • Twitter
  • YouTube

Reno Office

Reno
500 Damonte Ranch Parkway
Suite 860,
Reno, NV 89521
United States (US)
Phone: (775) 823-9455

Reno Office Map

map

Reno Office Hours

Monday8:30 AM - 5:00 PM
Tuesday8:30 AM - 5:00 PM
Wednesday8:30 AM - 5:00 PM
Thursday8:30 AM - 5:00 PM
Friday8:30 AM - 5:00 PM

Minden Office

Minden
1692 County Road
Suite A,
Minden, NV 89423
United States (US)
Phone: 775-823-9455

Minden Office Map

map

Minden Office Hours

By Appointment Only, Call For Details

Footer

About the American Academy | Disclaimer | Privacy Policy | Site Map | Contact Us
Anderson, Dorn & Rader, Ltd
All Rights Reserved.

Attorney Advertisement
Anderson, Dorn & Rader, Ltd. Logo

© 2021 American Academy of Estate Planning Attorneys, Inc.

  • Facebook
  • LinkedIn
  • RSS
  • Twitter
  • YouTube