If you are trying to figure out Nevada's probate process, go to http://www.attorney-lasvegas.com/nevada-probate.
The first step you need to figure out is whether probate is even needed. Some assets don't need to go through the probate process. You must look at how the assets are titled, whether there are beneficiaries listed, and the value of the assets. And before you can answer these questions, you have to find all of the assets, which can be tricky.
Once you have an idea of which assets need to go through the court process known as probate, you must determine which type of probate is needed. I have another video that explains the different types of probate.
Then you start the process by filing the proper petition with the court. You need to know whether the decedent died with or without a Last Will and Testament. If no Will exists, then the person died “intestate.”
And if there is a valid Will, the person died “testate.” To be valid, the Will must meet certain requirements concerning its execution and contents. If you suspect that a Will may not be valid, you may have a will contest on your hands.
Once a personal representative of the estate has been appointed (also referred to as an executor or administrator), and probate has started, there are many statutory requirements that must be met. Certain people must be noticed. You have to publish a Notice to Creditors. An inventory and an accounting must be filed. And all of these must be completed within certain time periods.
While on the surface it seems that probate should be relatively simple, the reality is that probate in Nevada is more like a maze. The question is often asked, “Do I need a probate attorney?” To answer that question you would need to honestly determine your level of knowledge of Nevada probate law and the level of frustration you are willing to accept. An probate lawyer should help you navigate the probate process.
And if you want to learn more about probate and how to avoid it, check out our website at www.attorney-lasvegas.com. You’ll find a lot more information about probate and how to avoid it. And if you have had a loved on die in the Southern Nevada area, give us a call. I’d be glad meet with you to discuss whether probate is needed.
If you want to learn about how probate law works in Nevada, go to http://www.attorney-lasvegas.com/nevada-probate/law.
If you want to read the law yourself, first go to the Nevada Revised Statutes. The probate statutes are found at N.R.S. Title 12, chapters 132-156.
Probate law also includes case law. These are decisions from the Nevada Supreme Court. To find out what the Court has said on a specific topic requires research. You can do this the old fashion way at a law library digging into the books. Or you can do it online more efficiently. Attorneys use Westlaw or Lexis. However, you can find case through Google Scholar.
But if you're uncomfortable doing the research yourself or simply don't want to spend hours and hours reading Nevada probate law, then you may want to call a Nevada probate attorney. They can help you through the whole probate process.
And if you want to learn more about probate, check out our website at http://www.attorney-lasvegas.com. You’ll find much more information about the probate there, as well as how to avoid it altogether. And if you have had someone die in the Southern Nevada area, call our firm. We can discuss whether probate is necessary and if so, how to get through the process.
Chances are you’ve landed on this video because you are searching for information on a Living Trust. http://www.attorney-lasvegas.com/nevada-estate-planning
In this video, you'll learn about trusts so that you can be better informed about how to use a living trust. I’ve been an attorney focusing on estate planning for over 2 decades. I’ve seen all kinds of trusts and the mistakes people make.
First, what is a revocable Living Trust? A trust is a separate legal entity that can hold title to assets. A typical living trust is revocable, which means that it can be amended by you. You can place assets in the trust or take them out as needed.
However, one of the biggest problems I've seen is people not properly funding the trust. "Funding” means to re-title your assets in the name of the trust. If the assets are left out, they will probably go through probate.
If you want to avoid probate, a fully funded revocable living trust is an excellent tool. You'll want to discuss how a trust could help you with a qualified attorney.
I hope you’ve found this video to be helpful. If so, hit the like button, and leave a comment. And if you want to learn more about living trusts, check out our website at http://www.attorney-lasvegas.com. You’ll find a lot more information about estate planning, probate, and special types of trusts.
And if you live in the Southern Nevada area, give us a call. I’d be glad meet with you to discuss how, or if, a trust could work for you.
