Boyer Law GroupBoyer Law Group2026-06-03T14:29:00Zhttps://www.elderlawnv.com/feed/atom/WordPress/wp-content/uploads/sites/1303193/2022/04/KimBoyerfavicon-75x75.jpgOn Behalf of Boyer Law Group<![CDATA[Should I call an estate planning attorney?]]>https://www.elderlawnv.com/?p=486312026-06-03T14:29:00Z2026-06-03T14:29:00ZEnsure your assets will not go to unintended beneficiaries
Without a clear estate plan, the law decides who receives your assets – a decision that may not reflect your wishes. A well-drafted will or trust ensures that your assets go exactly where you want. This clarity also removes any room for confusion among family members, reducing the likelihood of disputes during an already emotional time.
Protect your loved ones from legal complications
The goal of estate planning is simple – make sure the people you care about are taken care of, not caught up in legal processes during a time of grief. An attorney can help structure your plan in a way that minimizes tax burdens, allowing your beneficiaries to keep more of what you leave behind.
Enjoy peace of mind
Estate planning is more than just paperwork – it is about knowing that the people and things you care about remain protected even when you are no longer here. A will helps ensure your assets go to the right people, and a trust can help keep your assets out of probate court. Through a power of attorney, you can appoint someone you trust to make financial decisions on your behalf if you ever become incapacitated. If you own a business, a succession plan ensures it continues to run without disruption. An estate planning attorney helps you understand which documents you need and makes sure each one is drafted correctly.
Your plan deserves more than a template
Every person's life is different. Your family dynamics, financial situation and personal wishes are unique to you, and your estate arrangements should reflect that. Estate planning is one of the most personal legal processes there is. Templates online may seem like a convenient solution, but they often miss the details that matter most. You need a legal guide who will take the time to understand your specific circumstances and build a plan that truly works for you.]]>On Behalf of Boyer Law Group<![CDATA[3 scenarios when Nevada adult guardianship may be beneficial]]>https://www.elderlawnv.com/?p=486292026-05-12T23:36:20Z2026-05-12T23:36:20Z1. Congenital or developmental disabilities
Parents and other loved ones may know well before a teenager turns 18 that they have cognitive limitations. A variety of different congenital disorders and developmental disabilities can limit the ability of a young adult to properly manage the responsibilities of adult independence. The courts often grant guardianship to concerned family members when a young adult with severe medical challenges is about to turn 18.
2. Acquired injuries and medical conditions
Perhaps a previously healthy adult sustained a traumatic brain injury (TBI) in a car crash. Maybe a doctor recently diagnosed an aging adult with Alzheimer's disease or another form of dementia. When serious physical injuries or progressive medical conditions interfere with an individual's ability to care for themselves and manage their own affairs, the courts may agree that guardianship is necessary due to their medical challenges.
3. Mental health disorders
In some cases, an individual's limitations stem from a psychiatric disorder rather than a physical injury. Conditions ranging from severe post-traumatic stress disorder (PTSD) and bipolar disorder to schizoaffective disorders can prevent people from consistently making choices in their best interests and effectively managing their own affairs.
Those concerned about an adult's ability to live independently typically need medical documentation, financial records and witness testimony to validate their claims in court. Working with an attorney familiar with Nevada guardianship litigation can help families and other concerned individuals take the steps necessary to protect a vulnerable adult.]]>On Behalf of Boyer Law Group<![CDATA[Updating an estate plan after moving to Nevada]]>https://www.elderlawnv.com/?p=486282026-04-11T18:00:51Z2026-04-11T18:00:51ZDoes Nevada recognize out-of-state documents?
Reciprocity rules generally help ensure that the Nevada probate courts honor wills and other legal documents drafted in another jurisdiction. However, when documents do not conform to Nevada state law, there may be issues during estate administration.
The documents may also require revisions to address the sale of a residence in another state and address the testator’s new home in Nevada. They may need to update their selected personal representative, as someone out of state may not be able to attend probate proceedings in Nevada.
Additionally, any powers of attorney may require revisions to name an agent or attorney-in-fact who is close enough to provide support in an emergency, as the original agent likely still lives in another state. For those with specific medical wishes, an advance directive that fulfills Nevada requirements can be critical for the management of their care if they become incapacitated. Replacing an out-of-state form with a Nevada directive and filing it with the Nevada Secretary of State can be helpful.
In cases involving a trust, the documents from out-of-state combined with both assets and beneficiaries in another state may lead to the Nevada courts lacking jurisdiction over the trust, which can be a headache for the trustee and beneficiaries alike. There may also be more options for protecting resources in Nevada than in other states, such as a Nevada domestic asset protection trust (NAPT) or a Nevada incomplete non-grantor trust (NING).
Creating documents that align with Nevada requirements is a worthwhile investment for those who intend to reside in the state indefinitely. An attorney can help those who have recently relocated to Nevada review their existing estate planning paperwork and make any necessary modifications to update the documents to meet all Nevada state requirements.]]>On Behalf of Boyer Law Group<![CDATA[Does your Nevada estate plan meet residency rules?]]>https://www.elderlawnv.com/?p=486262026-03-09T17:06:16Z2026-03-09T17:04:24ZUnderstand the difference between staying and residing
Nevada law distinguishes between where you happen to be and where you legally reside. Residency starts the day you move to the state with the intent to make it your permanent home. To prove this to the court, you must show physical presence and a commitment to stay.
State agencies look for specific markers to confirm you are a true Nevadan. These steps help ensure your estate plan remains valid:
Filing a formal “declaration of domicile” with the clerk of the district court
Changing your mailing address on federal tax returns and bank statements
These actions create a paper trail that confirms your legal status. Completing these tasks early prevents other states from challenging your residency or claiming you owe them taxes.
Splitting time in different states
Many "snowbirds" divide their year between two different homes. If you spend time elsewhere, you must ensure that the other state does not classify you as a "statutory resident" for tax purposes. While Nevada does not require a specific number of days to prove residency, other states often look for you to spend more than half the year outside their borders.
A detailed travel log protects your estate from outside interference. If you maintain a home in another state, ensure your Nevada residence serves as your primary hub for all legal and financial matters. Consistency remains the best way to avoid a complicated legal battle over your assets.
Protections unique to Nevada
Nevada offers distinctive benefits, including no state income tax and no state-level inheritance tax. Our state also provides strong protections for specific types of trusts that other states might not recognize. To access these perks, your residency must remain beyond reproach.
Relying on a generic or out-of-state document can lead to significant gaps in your protection. Local laws regarding community property and asset shielding are distinct and require precise handling. Securing your future involves more than just filling out forms. Skilled legal guidance ensures that your plan stands up to scrutiny and reflects your true intent.]]>On Behalf of Boyer Law Group<![CDATA[Watch out for these changes that could impact your estate plan in 2026]]>https://www.elderlawnv.com/?p=486252026-02-05T17:33:44Z2026-02-05T17:33:44Z start of a new year is a time for financial review. We gather documents to prepare for tax returns and, for the truly financially savvy, take a moment to review our estate plans. A well drafted estate plan does more than outline who gets what, it helps you to make the most of your estate. This can include taking advantage of tax planning and gifting opportunities so you can live life to its fullest.
Estate plans are heavily guided by tax law, so it makes sense to use the preparation for tax returns as a time to also review and update estate plans. Although a good idea to have this as part of a regular routine, it is arguably even more important this year.
What should you check for when reviewing your estate plan?
Ideally, your estate plan is tailored to your specific family needs and not a generic fill-in-the-blank form. If you currently have a generic plan, you may want to seek legal guidance on how to tailor a plan that is in line with your wishes. In either situation, it is important to review who you have named on your plan to handle financial and health care matters in the event of an emergency. Life situations change and the individual we originally named to serve in this role may no longer be the best fit. Take a moment to double check and update if needed. The same holds true for intended beneficiaries. Families change. Make sure those you name as heirs are still those you intend to benefit from your generosity. This is also a good time to review titles for real estate, beneficiary designations, trust funding, and even whether you have your digital assets accounted for within your plan. From cryptocurrency to social media accounts, you may want to include the necessary information to access these accounts within your plan.
Why is an estate plan review important in 2026?
President Donald Trump has touted the many benefits of his One Big Beautiful Bill Act (OBBBA) for months. The bill includes many provisions which go into effect this year – many of which directly impact tax and gifting strategies. As such, when reviewing your estate plan, it is important to check for how these changes could impact your plan. For example, the OBBBA provides clarity over the gift tax exemption, setting the lifetime estate and gift tax exemption at $15 million per individual and $30 million per couple. For those who already maxed out their lifetime gifting in 2025, the change provides an additional $1 million per individual in 2026. Taking the time to review your estate plan serves as a risk management exercise that provides an opportunity to adjust the plan to reflect changes in beneficiaries and the law. With careful review and attention to detail, you can better ensure you are making the most of your estate and have a plan in place that is in line with your goals. ]]>On Behalf of Boyer Law Group<![CDATA[The importance of marital estate planning for husbands and wives]]>https://www.elderlawnv.com/?p=486242026-01-18T23:23:58Z2026-01-18T23:23:58ZDocuments addressing asset distribution
Intestate succession laws in Nevada favor surviving spouses. When people die without wills, their spouses frequently inherit a large portion of, if not all, their property. However, those assets are vulnerable to claims from other heirs, including children. Additionally, creditors, tax authorities and possibly even the Medicaid estate recovery program could lay claim to some of the assets owned by the estate.
Married couples may choose to start a community property trust as a means of preserving their resources. They can also provide clear instructions about what happens in the event of the death of one spouse and after the passing of the surviving spouse. Even if spouses rely on a will rather than a trust, they can clarify what their spouses receive and what should go to other beneficiaries.
Documents planning for emergencies
Advance directives and powers of attorney are important for married couples, not just single people. Even if spouses have previously talked about their medical priorities, it is easy for one person to remember details inaccurately during the stress of a medical emergency. They may then have to live with guilt and regret if they make the wrong decisions. Advance medical directives provide clear instructions regarding emergency medical care. They also help ensure that a spouse has the necessary access to records to guide the treatment provided.
In some cases, married couples choose to nominate agents other than their spouses. Such arrangements take pressure off of an already-stressed spouse in an emergency and protect against scenarios in which both spouses become incapacitated simultaneously.
Getting married or reaching major anniversary milestones can be a reason to create an estate plan or to modify an existing one. Husbands and wives who have thorough estate plans can protect one another and themselves from a wide variety of challenges. An attorney can help spouses achieve their goals for providing for and protecting one another. The right plans can help ensure that the whole family responds appropriately when someone dies or experiences a major medical emergency.]]>On Behalf of Boyer Law Group<![CDATA[The price of procrastination: Risks of not having an estate plan in Nevada]]>https://www.elderlawnv.com/?p=485952025-12-12T21:19:30Z2025-12-12T21:19:30ZFalling into the probate abyss
If you die without a will or trust, the state of Nevada determines who inherits property that must go through probate, particularly your separate property. This process, called intestacy, means state law names your heirs in a specific order. Your spouse, children, or other relatives will receive your assets, but the order or distribution may not match your true intentions. Possible consequences include:
State laws dictate the division of your property.
Your favorite charity or close friend may receive nothing.
The court oversees the transfer of your property and creates a public record.
Without a proper plan, your assets may be subject to probate, which can be costly and time-consuming, particularly for larger or more complex estates. However, Nevada law provides simplified, faster probate procedures for smaller estates, and other tools, such as beneficiary designations, can also allow assets to bypass probate.
Vulnerability for yourself and minor children
Estate planning protects you and your family while you are alive. What happens if an accident or sudden illness leaves you unable to make decisions? Without appropriate power of attorney designations or an advance directive, a court may need to appoint a guardian for health care decisions and/or a guardian for financial affairs to make choices on your behalf, which can deprive your family of the ability to make these decisions quickly.
Protecting minor children is another consequence of failing to plan. Without guardianship designations in a will or other written instrument, the court ultimately decides who raises your children based on the child's best interest. The judge must appoint the most suitable person and will consider the statutory order of preference (which prioritizes adult siblings, grandparents and other family members), but is not strictly bound by it.
While the court may still appoint someone you didn't intend, a written designation is the strongest way to ensure your preferences are known and strongly considered by the judge.
Why is an attorney’s guidance important?
The legal documents required for a secure estate plan are complex. Self-prepared or outdated documents can lead to legal challenges, family disputes and court delays. Properly structuring your assets and protecting against unintended consequences requires skilled guidance in navigating Nevada estate planning laws.
A well-executed estate plan is the only way to ensure your wishes are legally protected and honored, making skilled legal representation critical to securing peace of mind for you now and for your family when they need it the most.]]>On Behalf of Boyer Law Group<![CDATA[What should I know about revocable and irrevocable trusts in Nevada?]]>https://www.elderlawnv.com/?p=485022025-11-10T19:39:46Z2025-11-10T19:39:46ZIf you are putting together an estate plan, you have likely heard of trusts. These legal tools offer additional control over asset distribution while providing the potential for additional benefits like tax savings and protection from creditors. A trust generally fits one of two categories: revocable or irrevocable. Each serves distinct purposes and offers unique benefits and limitations. It is important to understand the differences to help better ensure you have an estate plan that meets your wishes.
Revocable trusts: Flexibility and control
Revocable trusts, also known as living trusts, allow the grantor to maintain control over the trust assets during their lifetime. The creator, or grantor, retains control over the trust and can alter or revoke it at any time. Important points to know about this tool include:
Control: As noted above, one of the primary benefits of this type of trust is the fact that the grantor can modify the trust terms, add or remove beneficiaries, and change asset allocations.
Avoidance of probate: Another important benefit is the fact that assets in a revocable trust bypass the probate process, leading to a quicker and more private distribution to beneficiaries.
Management during incapacity: If an accident or illness results in incapacitation, the successor trustee can manage the trust assets without court intervention.
While revocable trusts offer many advantages, they do not provide protection from creditors or reduce estate taxes, as the law still considers the assets part of the grantor's estate.
Irrevocable trusts: Protection and tax benefits
Interestingly, Nevada is one of the top states in the country for irrevocable trusts. The reason is because many in the state take advantage of the benefits that come with irrevocable trusts, including:
Asset protection: Creditors generally cannot reach assets in an irrevocable trust.
Estate tax reduction: By removing assets from the grantor's estate, irrevocable trusts can help reduce estate taxes.
Charitable giving: A grantor can structure an irrevocable trust to support charitable organizations, providing both philanthropic benefits and potential tax deductions.
The primary drawback of irrevocable trusts is the loss of control over the assets once they are transferred into the trust. This lack of flexibility requires careful consideration and planning.Choosing between a revocable and irrevocable trust in Nevada depends on individual goals and circumstances. Revocable trusts offer flexibility and control, making them ideal for those seeking to manage their assets actively. In contrast, irrevocable trusts provide robust asset protection and tax benefits, suitable for those prioritizing long-term estate planning and creditor protection. ]]>On Behalf of Boyer Law Group<![CDATA[What Nevada business owners should know about estate planning]]>https://www.elderlawnv.com/?p=484892025-10-09T11:10:31Z2025-10-09T09:08:16ZWhy estate planning should matter to business owners
Many Nevada business owners keep telling themselves that they will get to planning their estate but never do. But remember that without an estate plan, your business could face serious problems or even collapse if you ever pass away or become disabled. An estate plan clearly outlines what will happen to your investment.
Key parts of a business estate plan
There are several types of businesses. But while they are all unique, all small business owners in Nevada should consider the following:
Succession planning: You need to designate who will take over the business and provide clear instructions for a smooth transition.
Buy-sell agreement: This legal agreement ensures that if an owner dies or leaves, the remaining partners can buy their share instead of the business falling into uncertainty.
Trusts: These can help Nevada business owners protect their company’s assets from creditors and make it easier for heirs to inherit without prolonged delays in court. Just remember that although trusts can lower federal estate taxes for large estates, Nevada does not charge a state estate or inheritance tax.
Updated personal estate plan: Include your business in your personal estate plan so everything aligns and works together. Make sure your will and trust clearly explain how your business interest will transfer and match your business succession plan and Buy-Sell Agreement.
Compliance with Nevada laws is important to ensure your estate plan is valid and enforceable.
Plan today to protect tomorrow
Estate planning might not feel urgent, but it is one of the smartest moves you can make for your business. By taking proactive steps now, you can protect your company’s legacy and give your loved ones the peace of mind they deserve.]]>On Behalf of Boyer Law Group<![CDATA[How to protect assets from creditors using estate planning?]]>https://www.elderlawnv.com/?p=484842025-09-11T04:13:12Z2025-09-14T19:00:01ZYou want your wealth to benefit the people or causes you choose. With careful planning in Nevada, you can place legal barriers between your assets and potential creditor claims.
Why asset protection fits into your plan
If you leave inheritances outright under a will, creditors may pursue them. Trust-based planning can delay or restrict access, insulating assets while still supporting beneficiaries.
Core Nevada tools that may help
Nevada law recognizes self-settled, irrevocable spendthrift trusts. You may fund a Nevada asset protection trust and appoint an independent Nevada trustee. After you fund the trust, you no longer legally own the assets and most creditors cannot reach them. Timing and precise drafting remain critical. You may also pair a trust with a Nevada LLC to separate business risks from personal wealth. Before the list below, remember that each tool serves a different purpose:
Irrevocable trust: Removes ownership and can block most future claims.
Nevada asset protection trust: Self-settled, spendthrift structure with seasoning period.
LLC for rentals or business: Separates personal and business liabilities.
Spendthrift provisions: Limits a beneficiary’s direct access to reduce creditor reach.
Insurance and umbrellas: Adds liability coverage over home and auto.
Retirement accounts: Federal law protects many plans in bankruptcy under S.256.
If you give assets away directly, creditors can go after them easily. When you put assets into a trust or LLC, you shift ownership and control, which makes it harder for creditors to reach them. Retirement accounts often have strong protection in bankruptcy but some non-ERISA accounts may face limits under state law. The Bankruptcy Abuse Prevention and Consumer Protection Act strengthened these protections by tightening bankruptcy rules and expanding safeguards for retirement savings.
If you have no heirs
If you have no heirs, you still control where assets go. A will or trust lets you direct gifts to friends or charities. You may also appoint trusted agents for health care and finances so courts do not decide for you.
What you can do next
Asset protection relies on timing, independence of the trustee and clean funding. You may review Nevada-specific options with a qualified attorney so your plan reflects your goals and the state’s rules.]]>