IN THE MATTER OF THE ESTATE OF W.R. PRESTIE. SCOTT PRESTIE, Appellant, vs. MARIA GASPER PRESTIE, Respondent., 122 Nev. 807

Summary

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. On appeal, the court held that the amendment to the trust could not serve to rebut the presumption that the ...