Does a surviving spouse have any rights to an intestate estate when there is a will?
In the state of Nevada, when a person dies intestate (without a will), the surviving spouse does have certain rights with regards to the intestate estate. These rights supersede any rights bestowed by a will. Under Nevada law, the surviving spouse is entitled to the entire estate if there is no surviving child or descendant of a child of the deceased. If the deceased does have surviving children or descendants, then the surviving spouse is entitled to a portion of the estate. Depending upon the number of survivors, the surviving spouse is entitled to 50 percent of the estate if there is one surviving child or descendant, one-third of the estate if there are two survivors, and 25 percent of the estate if there are more than two. In addition, the surviving spouse is entitled to certain personal items of the deceased regardless of the number of survivors, such as wearing apparel, jewelry, family pictures, and keepsakes. The rights of the surviving spouse to the intestate estate are in addition to any rights they may have to a property that is jointly owned by the deceased and surviving spouse. In summary, a surviving spouse has certain rights to an intestate estate in the state of Nevada, and those rights are not affected by a will.
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