Estate planning is lifetime planning. In Nevada, this process can be complicated due to specific residency requirements. A Nevada estate planning lawyer can assist you with your estate plan. At Lobb & Plewe, Attorneys at Law, located in Las Vegas, we have a skilled team of attorneys who can help you understand residency requirements for estate planning in Nevada.
Understanding Estate Planning
Estate planning involves creating legal documents that protect your assets, family, and wishes if you pass away or become incapacitated. About 55% of American adults have no estate plan in place, leaving their families at risk of time-consuming and costly probate proceedings. It is vital to understand what probate is so you can take the necessary steps to avoid the complexities of the court system. Some of the most common estate planning tools are wills, living trusts, and powers of attorney. Each one serves a distinct purpose.
A will allows you to name a guardian for your minor children and details how your property will be distributed upon your death. Wills must go through the probate process to be validated, and so that the court can oversee the administration of the estate.
A living trust is created and goes into effect during your lifetime. It allows assets to be transferred to beneficiaries without going through probate. To ensure your wishes are carried out, you should learn about the importance of funding a revocable trust properly after it is created. The person who creates the trust, called the grantor, retains control of the trust while they’re alive and can specify how assets are to be managed and distributed.
A power of attorney is a legal document that allows a trusted individual to make medical or financial decisions on your behalf if you become incapacitated.
Anyone who has minor children, owns property, or wants to plan for potential incapacity should develop an estate plan. An experienced Nevada estate planning attorney can help you determine which documents are appropriate for your circumstances and ensure they work together effectively.
Residency Requirements for Estate Planning in Nevada
Nevada residency can be crucial when planning an estate, specifically when it comes to determining which state’s laws apply to your estate planning documents or probate proceedings. An estate planning attorney can help you make informed decisions and understand how to properly document your residency status.
To set up an estate plan in Nevada, you must establish residency for legal purposes by demonstrating domicile. Under NAC 361.1404, a domicile is a permanent residence; the place you consider your primary home and intend to stay indefinitely. Our team can review Nevada requirements for California non-residency and Nevada residency to ensure your transition is legally sound.
You must physically live in the state during the entire period you are claiming residency. Simply owning property in Nevada does not qualify as residency. If you are a Nevada resident, but temporarily live out of state, you are still considered a resident if you plan on returning to Nevada.
How to Demonstrate Residency in Nevada
There are a few different ways you can demonstrate that you are a Nevada resident, including the following:
- Driver’s license or state ID. As a new resident of Nevada, you must obtain a driver’s license or ID within 30 days of moving to the state.
- Vehicle registration. You must register your vehicle within 30 days of becoming a resident of Nevada.
- Declaration of domicile. You can file a sworn statement with the clerk of the district court in the county where you live, showing that you live and have a residence in that county, where you intend to remain permanently.
- Voter registration. Registering to vote in Nevada requires living in the state for at least 30 days before an election and in your voting precinct for at least 10 days.
Each of these documents can be used as evidence of your domicile if needed for estate planning purposes.
FAQs
What Are the Residency Requirements for Estate Planning in Nevada?
In Nevada, the only true residency requirement specifically for estate planning purposes is the requirement to be physically and permanently living in the state when claiming residency. In general, Nevada requires all residents to register their vehicle, obtain a driver’s license or ID card, and surrender any current U.S.-issued driver’s license or ID card when they move to the state.
How Long Does It Take to Establish Residency for Estate Planning in Nevada?
In Nevada, there is no single waiting period or time frame to establish residency for estate planning. Technically, residency can be established immediately, and you can begin the estate planning process as soon as you move to Nevada.
However, it’s often better to wait until you’ve lived in the state for several months to develop stronger ties and avoid your residency being challenged later. It’s also advised to complete certain residency requirements, such as obtaining a state ID, before beginning estate planning.
Does Nevada Require You to Register to Vote to Become a Resident?
You are not required to register to vote to become a resident in Nevada; you must only have a residence at which you intend to live indefinitely. However, voter registration is a means of quickly obtaining legal documentation of proof of residency in the form of a voter registration card. This process can also demonstrate your intention to reside in Nevada and engage in your local community.
What if I Split Time Between Nevada and Another State?
If you split time between Nevada and another state, you can still establish residency in Nevada for legal purposes, as long as you intend for Nevada to be your permanent home. Your residency status is not automatically affected by a temporary absence for work or travel.
It’s important to maintain ties to Nevada, including a street address, a state driver’s license or ID, and vehicle registration. Demonstrating these ties helps ensure you’re recognized as a resident of Nevada even if you split your time.
Speak With a Nevada Estate Planning Lawyer Today
A skilled estate planning lawyer can help put you at ease by planning for your family’s future and the future of your estate. There are specific ways to prove residency in Nevada, including through your local court, to ensure your status is never called into question. We can help you take every precaution when preparing your estate plan.
At Lobb & Plewe, Attorneys at Law, we have a team of qualified and knowledgeable attorneys in estate planning law with over 30 years of experience. Contact our office today to hire an estate planning lawyer. Our staff is ready to help you with your estate planning needs.