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Writer's pictureSarah Morris Ocampo

Who Will Be the Beneficiary of my Estate?


When contemplating the distribution of your assets after you're gone, the question of "Who will benefit from my estate?" inevitably arises. The answer isn't as straightforward as one might hope. 


It largely depends on whether you have an estate plan in place. If you're navigating these waters, knowing the rules and laws that apply is crucial, especially for residents of Nevada.


What is an Estate Beneficiary?


An estate beneficiary is a person or entity designated to receive assets from an individual's estate upon their passing. This transfer of assets can be planned meticulously through an estate plan, ensuring your wishes are respected. 


Without one, the distribution of your possessions will be determined by state laws, which may not align with your personal intentions.


The Importance of an Estate Plan


Having an estate plan is like having a roadmap for your family's future. It ensures that your assets go to the people or causes you care about most. 


Without it, the state steps in, and distribution is based on a generic formula, which may not reflect your unique wishes.


Default Distribution Under Nevada Law


As explained by Sarah Ocampo, a local Las Vegas estate planning and probate attorney, the distribution of your assets varies based on your familial relationships and whether you have an estate plan:

  • If you are married with no children: Your spouse will receive 100% of your estate.

  • If you are married with children: Your spouse will receive the community property and 50% of the separate property, while your child will receive the other 50% of the separate property.

  • If you have no spouse or children: Your assets will go to your parents. If only one parent is alive, they will inherit everything.


These rules ensure that close family members benefit from your estate, but they don't account for specific wishes, like leaving certain assets to friends, charities, or other entities.


The Benefits of Estate Planning


Creating an estate plan provides peace of mind. It allows you to:

  1. Designate Beneficiaries: Choose exactly who will inherit your assets.

  2. Avoid State Intervention: Prevent the state from deciding how your assets are divided.

  3. Protect Your Loved Ones: Ensure your family and friends are provided for according to your wishes.

  4. Minimize Conflict: Clear instructions reduce the likelihood of disputes among your heirs.


Conclusion


Leaving the distribution of your estate to state laws can lead to unintended consequences. An estate plan empowers you to make decisions that reflect your values and priorities. 


Don't leave your legacy to chance. Take control and ensure your estate benefits those you care about most.


For more information and to begin your estate planning journey, contact Sarah Ocampo and benefit from her expertise in ensuring your wishes are honored.

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