In re Estate of Prestie
Nevada Supreme Court
138 P.3d 520 (2006)
W.R. and Maria (plaintiff) divorced after a brief first marriage but remained friendly and eventually remarried in 2001 after Maria moved in to help care for him; shortly after remarrying, W.R. amended his pre-existing living trust to grant Maria a life estate in their shared condominium, but he never updated the 1994 pour-over will that devised his entire estate to the trust and named his son Scott (defendant) as trustee and beneficiary. When W.R. died nine months after remarrying Maria without updating his will, she sought an intestate share under Nevada's statute presuming a will revoked as to a spouse married after the will's execution unless a marriage contract or a will provision addresses the spouse; the probate court found the trust amendment did not constitute a will provision for Maria and recommended revocation, and the district court adopted that recommendation, prompting Scott's appeal.
Whether an amendment to the testator's living trust may be offered to rebut the presumption of revocation that arises under Nevada law when a will does not provide for a surviving spouse who married the testator after the will was executed.