Estate planning gives you control over what happens to your assets after you pass. But when it comes to your spouse, things can get complicated. If you’re wondering whether you can disinherit a spouse in Nevada, it’s important to understand how the law works.
Nevada’s community property rules
Nevada is a community property state. That means both spouses equally own anything acquired during the marriage, regardless of who earned it or whose name is on the title. So if you want to disinherit your spouse, you can only do so with your half of the community property and any separate property you owned before the marriage or received as a gift or inheritance.
You can’t use a will or trust to take away your spouse’s legal share of community property. Even if you try, your spouse can claim their rightful portion under Nevada law.
Prenuptial agreements
A prenuptial or postnuptial agreement can change how property is treated during the marriage. If you and your spouse signed an agreement that clearly defines certain assets as separate, you may be able to exclude your spouse from inheriting those items.
These agreements must be in writing and signed by both parties. They also need to be fair and based on full financial disclosure at the time of signing. Without an agreement like this, your spouse remains entitled to at least half the community property.
Elective share rights in Nevada
Unlike some states, Nevada doesn’t have a specific “elective share” statute that forces a surviving spouse to receive a portion of the estate. But that doesn’t mean disinheritance is easy. The court may still protect a spouse’s interest in some cases, especially if the estate plan seems unfair or was made under pressure.
Protect your plan with smart decisions
If you want to limit what your spouse receives, it’s important to understand what Nevada law allows. The best strategy often includes clearly defining property and using valid legal agreements to support your wishes.