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Most residents of Reno don’t want to think about their death when they have so much to do in the area. From having fun on Lake Tahoe to skiing on Mount Rose, there are so many things that take precedence. A Reno estate planning lawyer can help prepare your arrangements for you while you are taking on whatever life has to offer.
Surratt Law has been in business since 2007. Our firm has been helping families in Reno and Washoe County for almost two decades. We know that every family is different, and we work to solve issues surrounding LGBT+ marriage and blended families. Our diverse range of experience lets us connect with clients on a personal level to offer caring and empathetic legal support.
Healthcare directives and powers of attorney should be revisited regularly to ensure that your most recent choices are reflected. This helps to solidify the likelihood of your wishes being honored after death or incapacitation. The American Bar Association Commission on Law and Aging establishes the 5 D’s as signifiers to update your estate plan:
Once you update your documents, you should ensure that all relevant parties have updated copies of your estate planning documents.
You can use your estate plan to secure your pet’s future after your death. Including your pet in your estate plan allows you to control who will take custody of your pet and whether that person has the financial means to provide for your pet.
In an estate plan, you can create a pet trust. A pet trust is a legal entity that holds financial assets on behalf of your pet for the purpose of their care after activation. While your pet cannot be named a beneficiary, or trustee, to the pet trust, you can elect a person to inherit the trust with the stipulation that the money is used to care for your pet.
In addition to a pet trust, you can include requests for how your pet will be cared for, including healthcare and other stipulations, following your death.
In addition to decisions regarding asset distribution and medical directives, you should designate your preferences for burial or cremation. Because a will is often found after the handling of your remains, it is wise to make preferences known to applicable parties ahead of time.
Planning and paying for a funeral in advance alleviates some stress from grieving loved ones. Signing a Burial and Cremation Affidavit that authorizes an executor or otherwise specified person to order your burial or cremation.
If you die without a will or estate plan in Nevada, your assets are distributed to your relatives under intestate succession laws. Dying intestate, or without a valid will or estate plan, complicates the probate process. Without a will in place, you surrender the right to have your voice heard regarding the handling of your estate and the designation of your beneficiaries.
If you have preferences regarding whom your assets should be distributed to, stipulations surrounding the use of your assets, or preferences for the care of dependent children or pets, an estate plan is crucial.
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Intestate succession laws, or inheritance laws, apply when a Nevada resident dies without a will. This excludes any assets for which you have already named a beneficiary. Assets that typically have beneficiary designations in advance are:
According to intestate succession laws and will likely go through a lengthy probate process. The remainder of your assets will be distributed according to intestate succession laws and will likely go through a lengthy probate process.
Nevada is a community property state, meaning that your spouse shares joint ownership of assets acquired after marriage. If you die intestate without children but married, your spouse inherits your entire remaining estate.
If you die intestate with children and married, your spouse will inherit the community property and a portion of the separate property (assets acquired prior to marriage) in your estate, leaving the remainder of the separate property to be divided amongst your children. In order for a partner or child to inherit your estate, they must be legally recognized.
People with any amount of assets should hire an estate planning attorney. If you own property, have a checking or savings account, have children or loved ones you want to designate property to, or have preferences regarding medical directives or powers of attorney, you need an estate plan.
For long-term unmarried couples, an estate plan ensures that assets are distributed to your surviving partner, and that they have the power to make financial or medical decisions if you become incapacitated.
An estate planning attorney with Surratt Law Practice is well versed in the technical side of the estate planning process and can guide you through making the important decisions. We can help you draft critical estate planning documents in accordance with Nevada statutes.
Navigating the complexities of elder law can be daunting, and many individuals hold misconceptions that may hinder their planning efforts. Understanding these myths can empower you to make informed decisions about your future and that of your loved ones.
Here are some common misconceptions:
By debunking these myths, you can take proactive steps toward securing your future. Surratt Law Practice is here to clarify any uncertainties and guide you through the estate planning process with confidence. An estate planning attorney can help you dictate your decisions regarding power of attorney, health care or medical directives, Wills, Trusts, and beneficiary designations.
A will is a document that designates the distribution of a decedent’s assets to their beneficiaries. It also includes the designation of your desired beneficiaries. In addition to determining the distribution of assets, a comprehensive will allows you to designate your preferences regarding the custody of your surviving dependent children.
An executor of your estate can be appointed in the will as well. This document is subject to probate, however, which allows it to be contested. Working with a will attorney in Nevada can help you ensure that your will follows the requirements of Nevada Law.
A trust is an arrangement that allows for the holding of assets on behalf of a designated beneficiary for a duration of time specified by you, the grantor. Trusts, unlike wills, become active upon the transfer of assets.
A trust can be set to activate when a beneficiary, or trustee, reaches the age of majority or on an otherwise designated date. Alternatively, a trust can be set to activate upon death.
A grantor may designate a trustee and provide instructions to manage the use of the assets provided within the trust. Our Nevada trust attorneys can help you determine what types of trusts are right for your assets.
Designating a power of attorney affords you with the power to select another person to act on your behalf for either a singular purpose, such as financial or medical decision-making power, or for a broader purpose in the event of your incapacitation. A power of attorney can be authorized for a specific amount of time, or for an undefined period of time (until death).
Designating a power of attorney for health care alleviates the burden of decision-making for your family regarding your medical treatment, while establishing a financial power of attorney allows your partner, or other designated person, to make financial decisions for you in the same capacity that you would be able to make yourself.
Other important considerations in the estate planning process are your decisions regarding health care and medical directives. Making choices in advance through a medical directive protects your loved ones from having to make hard choices on your behalf during a time of grief and heartache. This document allows you to communicate your choices regarding medical care and long-term life-sustaining treatment to doctors, healthcare providers, and loved ones.
There are four primary considerations when designating your medical directives. These include selecting a power of attorney for healthcare, opting for a do not resuscitate order (DNR), drafting a physician order for life-sustaining treatment, and creating a declaration choosing to withdraw treatment that prolongs the process of dying if you become diagnosed with an irreversible condition.
Nevada has adopted the Uniform Act on Rights of the Terminally Ill, which gives you the right to request a refusal of treatment if you become terminally ill.
Designating beneficiaries allows you to elect who your assets will be distributed to upon your death. This creates an opportunity to ensure that the right people inherit your property, financial assets, or belongings, rather than allowing others to decide on your behalf.
Making these elections in advance allows you to ensure that your partner, dependent children/surviving children, pets, and others are cared for after you pass.
There are three types of beneficiary designations: revocable, irrevocable, and contingent.
A revocable beneficiary can be changed at any time under any circumstance, whereas an irrevocable beneficiary cannot be changed without their consent. A contingent beneficiary is a person who will receive your assets in place of your initial selection in the event that they are unable to do so.
While both wills and trusts are essential elements of managing assets and planning for the future, there are key differences that are important to understand when estate planning.
A will is a document that designates the distribution of assets upon your death. It can also include instructions for decision-making after your death, such as funeral or burial plans, custody of surviving dependent minors, and the appointment of an executor. Upon activation, a will must go through the process of probate.
A trust, however, is more of an entity that holds assets, rather than a document that designates the handling of assets. Unlike wills, which are activated by death, trusts become active upon the transfer of assets, which can be set to occur during or after the grantor’s lifetime.
Typically, a trust is established when assets or funds are to be distributed for a specific purpose. Trusts can have a limited term and can be set to activate when a trustee reaches a certain age or an otherwise designated date.
A trust that is set to activate during a grantor’s lifetime is called a Living Trust. A trust that is set to activate after death is referred to as a testamentary trust and can be established in a will.
A Special Needs Trust, or SNT, is a legal entity that holds assets on behalf of a person with a disability or illness in order to allow them to qualify for disability benefits provided through the government. These benefits typically include Medicaid, Medicare, and SSI or SSDI benefits.
By creating a Special Needs Trust, you can provide an asset to a person without disrupting their ability to qualify for necessary benefits based on income or assets restrictions. Special Needs Trusts are irrevocable, meaning that they cannot be altered once they are created and creditors cannot access funds designated to the beneficiary.
Estate planning at its core is simply the process of planning for the care of your loved ones after your death. When initiating the estate planning process, there are several key elements to consider.
An estate planning attorney can help you decide which documents and designations are right for you and guide you on how to communicate your desires in alignment with Nevada law.
To initiate the process of drafting your estate plan, consider the following questions:
The first step in drafting your estate plan is to identify your assets. Having a clear understanding of your property and its value will help you determine how to divide and distribute your estate. This includes inventorying your tangible and intangible assets.
Tangible assets:
Intangible assets:
Once you know what your assets are and their value, decide who you would like those assets to be distributed to. These are your beneficiaries.
When establishing beneficiaries and determining how to distribute assets to them, consider your loved ones’ needs. Dependent children, pets, partners, or other loved ones each have unique circumstances. Accounting for the needs of your loved ones includes making the following determinations:
During this part of the process, consider your directives regarding asset distribution and medical determinations. Establish the following:
When designing an estate plan with high assets, it is important to consider how those assets will impact future generations of your family. Legacy wealth planning is creating a distinguished plan regarding how your assets will be managed during your lifetime and distributed after your death.
Selecting charities or donation opportunities that reflect your family’s values, distributing assets through trusts to select beneficiaries, and making decisions regarding business entities are all a part of legacy wealth planning.
In Nevada, any person over the age of 18 without a felony conviction can be named the executor of your estate. An executor is the person you task with carrying out the designations made in your will.
An executor has a variety of responsibilities following your death, including notifying relevant parties, locating important documents, collecting and inventorying your assets, collecting debts owed to your estate, initiating probate, paying claims against your estate, distributing assets to your beneficiaries, and closing your estate.
Typically, an executor is a family member, close friend, or another loved one of the deceased. Acting as an executor is a time-consuming and detail-oriented task. In some cases, an attorney is tasked with assisting an executor in carrying out your designations in accordance with the law.
As life changes, it’s essential to regularly review and revise your estate plan. Significant changes such as divorce, childbirth, marriage, adoption, expanding your family, and the acquisition of new assets can cause a plan to become outdated.
Continuously updating your beneficiaries and ensuring that all assets are recently evaluated and updated can ensure that the decisions you communicate to your loved ones after death or incapacitation are accurate.
People with any amount of assets can benefit from working with an estate planning attorney. If you own property, have a checking or savings account, have children or loved ones you want to designate property to, or have preferences regarding medical directives or powers of attorney, you need an estate plan.
Estate planning is not just for the wealthy or elderly – it is a crucial step for every family to ensure their assets and loved ones are protected. By creating a comprehensive estate plan, you can have peace of mind knowing that your wishes will be carried out and your family will be taken care of in the event of your passing.
Our experienced Reno estate planning attorneys at Surratt Law Practice are well versed in the technical side of the estate planning process and can guide you through making the important decisions. We can help you draft critical estate planning documents in accordance with Nevada statutes and help you create a personalized plan that meets your specific needs and goals.
Surratt Law is dedicated to helping families of all shapes and sizes. Regardless of who is included in your family, we can create a plan for them. This includes couples without children, blended families, and LGBT+ marriages. There are an estimated 9,342 households in Reno that include unmarried partners, which is another group that can benefit from our services.
Our experience at Surratt Law also extends to pro bono work, for which we have won awards in 4 separate years. We aim to provide cost-effective legal services for people who need affordable help.
For a compassionate estate planning attorney who puts your family first, call Surratt Law Practice at: 775-636-8200.
A: You should hire an estate lawyer for help creating most estate planning documents. This includes wills, trusts, powers of attorney, and other documents that dictate what should be done in the future if you become incapacitated or die. An attorney’s help can make sure these documents are created correctly and without ambiguity.
A: The difference between probate and estate planning is that estate planning is more holistic in nature. Probate is the process that someone’s estate goes through when that person dies, regardless of whether or not they had a will. Estate planning includes many different documents, including a will, to address different elements of an estate and its management.
A: Common mistakes include not creating your will according to legal specifications. If you do not consult with a lawyer while creating your will, it is possible that it might not be deemed legally valid at the time of your death. Other mistakes include not creating other documents outside a will for the other elements of your estate that need to be addressed.
A: There are some cons to creating a trust. One of the most significant is that people think trusts are comprehensive and that they do not need to make a will if they have a trust. This is untrue because some assets and other elements can’t be included in a trust. This can lead to an incomplete estate that prompts more questions after your death.
The median value of a home in Reno in 2024 was $577,500. This, along with any other assets in your estate, is worth protecting. To do this, schedule a consultation with Surratt Law. Our services provide real families with detailed plans to protect their loved ones and their assets.
I can’t say enough great things about this practice! I have been working with them on a drawn-out custody case for five years, and Travis Clark has just been the best! He is honest, understanding, involved, responsive, and sensitive during… Divorce after 30 years. Travis Clark was phenomenal in putting together my divorce package after I was served. He listened to what I would like to see happen, we developed a game plan that he perfectly executed, working with the… I got to see Travis Clark to help me get my trust going. He was so helpful and pleasant, as well as knowledgeable on the subject. He also has really nice plants in his office. A very personable guy. I’m… Abby Jaquette has been my attorney since 2021. I can honestly say, I would not have gotten through these past years without her! She cares for her clients and knows what she is doing. She is very knowledgable. Abby goes… Melissa Exline completed a trust for our family and she did an amazing job of covering all of the bases and going over all of the necessary details. There is a lot to think about when you try and think…What Our Clients Say
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Bio Rosalie joined the firm in 2022. She graduated from San Francisco State University in 2000 with a BA in Political Science. She began her career as a Litigation Paralegal in California and earned her Paralegal certificate in 2001. She worked in the Bay Area in California for the next 10 years. Rosalie began working […]
Bio Carmen joined the Surratt Law Practice team in December 2019, bringing with her a strong background in management and over a decade of paralegal experience. Her own personal journey made transitioning into family law a natural step, as she has a true passion for helping people through some of life’s most difficult moments. She […]
Bio Dawn Kaufman is Kimberly Surratt’s paralegal and the office manager of Surratt Law Practice. Dawn was raised in Texas but has spent most of her life in the Truckee Meadows. She has been married for over 36 years, and combined, she and her husband have 3 adult children, 3 grandchildren, and a great-granddaughter. Dawn […]
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