Nevada Electronic Wills & Trusts
Looking at Nevada Electronic Wills & Trusts
There’s no denying that there are major legitimate concerns over Coronavirus and its rapid spread through our communities. Many extreme measures ranging from public masks, limiting gathering sizes, to full-blown quarantines were necessary before and during the rollout of a vaccine.
It’s not overblown to say these are very uncertain times, which makes us think about just how important it is to have a will and estate in place for those worst-case scenarios, or simply preparing for that inevitable time when we pass away and need to pass on our belongings to our family.
These end-of-life decisions should not be taken lightly. They should not be left to our family and loved ones either. That being said, it’s very understandable that people can hesitate to do their estate planning even during the best of times, which these are not.
The good news is that you can take care of these details without having to go out in public. We are happy to meet with you via phone, video conferencing, FaceTime, Zoom, or whatever other telecommunications software you prefer.
We can do the heavy lifting of the work to create your last will and testament using these tools.
But wait, doesn’t a will require two witnesses in order to be valid?
This is true, however, under Nevada state law a will and trust are allowed to be signed, witnessed, and even notarized by electronic means. That means that as long as a public notary is part of the call or video conference you are willing trust can be written, signed, witnessed, and filed all digitally and still be legally binding.
This is a relatively new development but one that makes taking care of your estate planning even during the coronavirus very possible to do safely.
Look at NRS 163.0095 and NRS 13.085 if you want to see The actual legal statutes regarding these rules.
You can count on us to help you complete your estate plan through these tools and create an electronic will that the state of Nevada will see as 100% valid and legally binding.
This means that your Will will have a created electronic record that includes the date and signature of all parties involved and present.
You should be aware that you will also need a special authentication form in order for this will to be valid. you have multiple options when it comes to fulfilling this requirement. these options include, but are not limited to:
- One of your fingerprints
- Voice recognition
- A live video recording of you
- A digital signature (the kind that is signed on a screen and transferred to PDF)
- For those of you with the tech, a retinal identity scan
Does Nevada allow electronic wills?
Yes, digital and electronic will execution methods are already accepted as legal in Nevada, and electronic wills are now permitted.
Nevada is one of the few states that legally accept an electronically produced and signed last will and testament. On July 1, 2017, the state passed a contemporary electronic will statute.
The testator, or the person writing the will, must date and sign a typical will before two witnesses. These two witnesses must be unrelated to the testator and ineligible to receive any inheritance from the testator. To be fully executed, a hard copy of a will must be physically signed by the testator and the witnesses in front of each other.
A testator can now choose to draft their will digitally. According to NRS 133.085, a will may be created, witnessed, signed, and notarized electronically or virtually and still be enforceable. We’ll soon discuss the prerequisites for drafting e-wills in Nevada.
It’s interesting to note that Nevada had previously tried to authorize electronic wills. Nevada passed the first electronic will legislation in the US in 2001. Although the statute was undoubtedly progressive, the typical American creating a will couldn’t use it. No technology was available to make a digital will compliant with Nevada statutes. The software wasn’t released until considerably later than expected, despite the legislators who wrote the laws expecting it to be ready shortly. Furthermore, this early statute draft did not anticipate the requirement for witness attestation and electronic or remote notarization. The statute wasn’t utilized in ten years.
Fortunately, Nevada’s groundbreaking laws ultimately took effect in 2017, making electronic wills legal and feasible.
What makes a valid Nevada electronic will?
The requirements could change because the statutes permitting electronic wills are currently adapted state-by-state. For example, a Nevada resident may have different criteria than a Florida resident. As a result, it’s critical to understand each state’s requirements for an electronic will’s validity.
These are the prerequisites in Nevada for creating a valid electronic will.
The will must first be written down and updated as an electronic document.
Secondly, the signature date and a minimum of one of the following factors must be present.
- A characteristic specific to a particular individual or an authentication characteristic associated with the testator must be in electronic form on an electronic record. It also needs to be a biological component or a physical act carried out by that individual. A retinal scan, fingerprint, facial or voice recognition, digital signature, etc., are a few examples of this- any legal authentication that uses a person’s distinctive characteristic.
- The electronic seal and signature of an electronic notary public acting remotely were used. The will had to be placed in the testator’s presence, and the testator had to be present when it was signed online.
- Multiple witness verification signatures are digitally on the document within the testator’s presence, indicating that the testator had to be present when the will was signed electronically.
For an electronic will in Nevada to be considered self-proving, it needs to:
- Include a witness declaration or affidavit logically connected to, integrated into, or attached to the electronic will.
- The electronic will needs to name a suitable custodian to keep an eye on the electronic will’s record.
- Always be in the care of a certified custodian until the electronic will has been submitted for probate.
How can I create an electronic will in the state of Nevada?
In Nevada, the procedure for drafting an electronic will is identical to drafting a regular will. However, a will is created digitally rather than written, typed, and published. The best way to accomplish this is to use an online will drafting service like Trust & Will.
Because of Trust & Will’s reliable platform, testators can effortlessly draft their will online. For example, you can personalize your electronic will by answering questions and prompts. The process can seem less intimidating if you don’t have to start from scratch, and you can feel more at ease knowing that the final product will cover all the bases. A reputable service provider will also incorporate extra tools to offer a completely digital will creation procedure from beginning to end. For example, they will give you the tools to record audio and video or add electronic signatures.
Trust & Will is advancing its services by collaborating with Notarize, a reputable online platform that enables legally notarizing and signing documents. This partnership allows testators to quickly draft, witness, sign, and notarize their electronic wills and other estate planning documents in a single convenient step.
In Nevada, you must be of sound mind and at least eighteen years old to make a will, whether electronic or not. Testators who meet the requirements can create an electronic will in Nevada by following these steps:
- Decide what property and assets you want to leave in your will.
- Decide on the beneficiaries who will receive your property.
- Choose the Executor you want to handle your estate.
- Choose a guardian (if appropriate) for your dependent children or pets.
- Choose a manager for your children’s property.
- Select the service provider for creating a will online.
- Make your own decisions and add personal information to the offered will.
- Sign your will electronically while your two witnesses are present.
- Ask your witnesses to sign your will online.
- When your service provider gives instructions, follow them to finish and carry out your will.
- Keep your digital will safe in a digital vault (with your designated custodian).
Remember that your attesting witnesses can endorse the provision in your will, making it self-proving. Another choice is to execute a self-proving affidavit before an online notary public, as permitted under Nevada law. Unfortunately, remote witnessing is not permitted in the state of Nevada. It means that when the witness and testator electronically sign a digital document, they must be present in person.
Benefits of Electronic Wills & Trusts
Here are the benefits of electronic wills and trusts in a way that’s easy to understand.
- Convenience: Creating an electronic will or trust is often more convenient than creating a paper-based one. Using a computer or smartphone, you can draft, edit, and sign documents from home.
- Accessibility: Electronic documents are easily accessible. You need not worry about misplacing or damaging a paper will. With electronic versions, you can store and retrieve your important legal documents with just a few clicks.
- Remote Collaboration: Electronic documents allow for seamless collaboration if your beneficiaries or trustees are in different locations. You can easily share drafts and updates with everyone involved, ensuring transparency and understanding among all parties.
- Easy Updates: Life is dynamic, and circumstances change. Electronic wills and trusts can be updated easily as life events unfold. Whether it’s a change in assets, beneficiaries, or other details, you can make adjustments without a hassle.
When considering electronic wills and trusts, ensuring that the platform or software you use complies with legal requirements in your jurisdiction to ensure that your wishes will be legally recognized is crucial.
Legal Requirements for Creating Electronic Wills & Trusts
Creating electronic wills and trusts involves navigating a complex legal landscape, as the laws surrounding these documents vary by jurisdiction. While some jurisdictions have embraced electronic documents in estate planning, others may have specific requirements or limitations.
Here are some considerations and legal requirements that may apply to creating electronic wills and trusts:
Legislation and Jurisdiction
- Research the laws and regulations governing electronic wills and trusts in the relevant jurisdiction.
- Understanding the legal status of electronic documents in the context of estate planning.
Electronic Signature Laws
- Ensure that electronic signatures are legally recognized in the jurisdiction of wills and trusts.
- Verify compliance with any specific requirements for electronic signatures, such as using secure methods to authenticate the testator’s identity.
Authentication and Security Measures
- Implement secure authentication methods to verify the person’s identity, creating the electronic will or trust.
- Use encryption and secure storage to protect the confidentiality and integrity of documents.
Capacity and Competence
- Confirm that the testator (the person making the will) has the legal capacity and mental competence to create an electronic will or trust.
- Consider incorporating safeguards like video conferencing to assess the testator’s mental state.
Witnesses and Notarization
- Determine whether electronic wills or trusts require witnesses or notarization, and if so, identify the specific requirements.
- Explore electronic alternatives to traditional notarization processes, such as remote online notarization where permitted.
Legal Counsel and Expert Advice
- Seek guidance from an attorney experienced in estate planning and electronic document creation.
- Stay informed about legal updates and changes regarding electronic wills and trusts.
It’s crucial to consult with an attorney to ensure compliance with local laws and address the specific requirements and nuances of the jurisdiction. Electronic wills and trusts represent a dynamic area of law, and staying informed about legal developments is essential for estate planning.
Here are some of the frequently asked questions.
How does Nevada protect Electronic Wills against fraud or tampering?
Nevada has stringent security measures, including encryption and authentication protocols, to safeguard electronic wills from fraud and unauthorized access.
Can an Electronic Will facilitate the seamless transfer of digital assets in Nevada?
Yes, an electronic will in Nevada can include provisions for transferring digital assets, providing a comprehensive approach to estate planning that encompasses both physical and digital property.
How does an Electronic Will address the distribution of assets among heirs in Nevada?
An electronic will outlines the distribution of assets among heirs in accordance with the testator’s wishes, ensuring a clear and legally binding plan for the estate transfer.
Can an Electronic Will in Nevada establish a legacy plan for charitable contributions?
Yes, Nevada’s electronic will framework allows for the inclusion of legacy plans, enabling testators to allocate assets for charitable contributions and philanthropic endeavors.
What role does validation play in accepting an Electronic Will in Nevada?
Validation is crucial for an electronic will to be accepted in Nevada. The document must comply with all legal requirements, undergo proper validation processes, and be stored on an approved platform.
How does an Electronic Will protect minor heirs' interests in Nevada?
An electronic will can include provisions to protect the interests of minor heirs, specifying guardianship arrangements and conditions for the management of assets until they reach a designated age.
Is there a time frame for the validation and execution of an Electronic Will in Nevada?
While there is no strict time frame, the validation and execution of an electronic will in Nevada should be conducted promptly after the testator’s passing to ensure a timely and smooth distribution process.
Can lawyers or attorneys assist in the creation and validation of an Electronic Will in Nevada?
Yes, lawyers or attorneys can play a crucial role in guiding individuals through the creation and validation of electronic wills in Nevada, ensuring compliance with legal requirements.
In what manner can lawyers contribute to addressing complex aspects of Electronic Wills in Nevada?
Lawyers can provide:
- Valuable expertise in addressing complex aspects of electronic wills.
- Offering legal advice on issues such as tax implications.
- Intricate asset distribution.
- Unique family situations.
If you need legal help, please call our law firm at (702) 388-9800.
What aspects of an Electronic Will in Nevada should individuals discuss with their attorneys to ensure a comprehensive plan?
Individuals should discuss various aspects, including the appointment of guardians, provisions for minors, tax implications, and any unique family considerations with their attorneys to ensure a comprehensive electronic will.
Secure Your Legacy Today with Electronic Wills in Nevada!
Secure the legacy you’ve built with confidence at The Giuliani Law Firm. Our law firm proudly introduces Electronic Wills meticulously crafted for Nevada residents in the ever-evolving landscape of modern estate planning. Experience a seamless transition that ensures secure protection, efficient transfer, and precise distribution of your assets through technology.
Our dedicated team of lawyers is committed to guiding you through this process and safeguarding every aspect of your legacy. Don’t wait—take charge of your estate planning journey today.
Call our law firm at (702) 388- 9800 for a consultation, questions, and more information about Nevada’s electronic wills and trusts.
These are all viable options to fulfill this requirement and can be done from the safety of your home.
If you know it’s time to get your will and trust properly prepared then give our office a call so we can prepare your video consultations today!
The Giuliani Law Firm
500 N Rainbow Blvd #300, Las Vegas, NV 89107