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In re Estate of Melton, 128 Nev. 34, 272 P.3d 668, 128 Nev. Adv. Op. 4

Facts

William Melton executed a formal will in 1975, leaving his estate primarily to his parents and excluding his daughter, Vicki Palm. In 1995, he wrote a letter intending to leave his entire estate to his friend, Alberta Kelleher, while disinheriting all relatives. After Melton's death in 2008, a dispute arose regarding the validity of the 1995 letter as a will and the enforceability of its disinheritance clause. The district court found the letter to be a valid will but deemed the disinheritance clause unenforceable, leading to the distribution of the estate to Palm under intestate succession laws.

In 1995, Melton sent a handwritten letter to Kelleher. It reads: 'Dear Susie I am on the way home from Mom's funeral… I do not want my brother Larry J. Melton or Vicki Palm or any of my other relatives to have one penny of my estate.'

Issue

Whether the handwritten letter from William Melton constitutes a valid will and whether the disinheritance clause within it is enforceable under Nevada law.

Whether the handwritten document is a valid will is a question of law reviewed de novo.

Rule

Under Nevada law, a holographic will is valid if the signature, date, and material provisions are written by the testator. Additionally, NRS 132.370 allows for disinheritance clauses to be enforceable even when an estate passes by intestate succession.

NRS 132.370 defines 'will' as follows: 'Will' means a formal document that provides for the distribution of the property of a decedent upon the death of the decedent.

Analysis

The Supreme Court of Nevada determined that the 1995 letter met the requirements of a holographic will, as it was written, signed, and dated by Melton, clearly expressing his intent to disinherit his heirs. The court found that NRS 132.370 abolished the common law disinheritance rules, making the disinheritance clause enforceable. The court also concluded that the district court erred in its interpretation of the law regarding the enforceability of the disinheritance clause and the implications of the doctrine of dependent relative revocation.

The Supreme Court of Nevada determined that the 1995 letter met the requirements of a holographic will, as it was written, signed, and dated by Melton, clearly expressing his intent to disinherit his heirs.

Conclusion

The Supreme Court reversed the district court's decision, holding that the disinheritance clause in Melton's 1995 letter was enforceable, and as a result, his estate must escheat to the State since he disinherited all his heirs.

Because the disinheritance clause contained in the testator's will is enforceable, we reverse the judgment of the district court.

Who won?

The State prevailed in the case as the Supreme Court ruled that Melton's estate must escheat to the State due to the enforceability of the disinheritance clause.

The State asserted that the 1995 letter is a valid will that revoked the 1975 will.

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