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Prestie v. Prestie (Estate of Prestie) - 122 Nev. 807, 138 P.3d 520 (2006)

Rule:

The plain and unambiguous language of Nev. Rev. Stat. § 133.110 does not permit evidence of an amendment to an inter vivos trust to rebut the presumption of a will's revocation as to an unintentionally omitted spouse.

Facts:

The decedent and the widow were married in 1987. They were divorced two years later. In 1994, the decedent simultaneously executed in California a pour-over will and an inter vivos trust. The pour-over will devised the decedent's entire estate to the trust. The decedent's son was named as both the trustee and a beneficiary of the trust. Neither the will nor the trust provided for the widow. In 2001, the decedent amended the trust to grant the widow a life estate in his condominium upon his death. A few weeks later, the decedent and the widow remarried. The decedent passed away approximately nine months later. A probate commissioner found that under Nev. Rev. Stat. § 133.110, the decedent and the widow did not have a marriage contract. Therefore, the probate commissioner recommended that the decedent's will be revoked as to the widow. The trial court upheld the recommendation.

Issue:

Can an amendment to an inter vivos trust rebut the presumption that a pour-over will was revoked as to an unintentionally omitted spouse?

Answer:

No.

Conclusion:

The Court held that the plain and unambiguous language of Nev. Rev. Stat. § 133.110 did not permit evidence of an amendment to an inter vivos trust to rebut the presumption of a will's revocation as to an unintentionally omitted spouse. According to the Court, Nev. Rev. Stat. § 133.110 unambiguously permitted three exceptions to rebut the presumption of revocation, and an amendment to an inter vivos trust was not one of them. Hence, the Court affirmed the trial court's order.

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