Consider the Effect of Your Will or Trust During a Divorce

Did you know that existing wills and trust are not invalidated by a divorce?  The law in Nevada provides that those provisions or awards to a spouse contained in a will or trust  will be invalidated by operation of law, however the other provisions of your estate plan will not be invalidated.  (See NRS 133.115 and NRS 163.565.  This means that bequests to your ex-husband's family, or designations of your ex in-laws as a guardian will continue to stand until the will or trust is revoked. 

Additionally, you should be aware that this statutory provision does not take effect until the divorce is final.  If the will or trust is not revoked and a party dies during the midst of the divorce litigation, the provisions of the surviving estate planning document will stand. Consequently, if you have a will or trust already in effect, and are going through a divorce, talk to your lawyer about revoking these provisions even before your divorce is over, so you can be sure that your estate plan reflects your true wishes in the event of an unforseen tragedy.

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