Probate Lawyer Las Vegas » estate planning las vegas http://probatelawyerlasvegas.com Las Vegas Probate Lawyer Blog Wed, 23 Jun 2010 21:20:25 +0000 http://wordpress.org/?v=2.9.1 en hourly 1 Hypothetical Probate Case http://probatelawyerlasvegas.com/estate-planning-las-vegas/ http://probatelawyerlasvegas.com/estate-planning-las-vegas/#comments Mon, 21 Dec 2009 22:24:45 +0000 admin http://probatelawyerlasvegas.com/?p=11 Las Vegas Probate Lawyers sometimes encounter complicated and unusual cases as the following hypothetical example illustrates. A husband and wife do their own divorce and fail to designate in writing what property each is to take from the marriage. There are two children from this marriage. Among the usual items of personal property are vehicles, bank accounts, household goods, etc. There was also a large ranch involved that was deeded fifty-percent to the husband and wife as tenants in common, and fifty-percent to the husband’s sister. Their divorce agreement is that the wife takes the vehicles and some other personal property and the husband would keep the ranch. The former wife moves from the ranch and never quitclaims her interest in the ranch to either the husband or sister-in-law. Shortly thereafter, the husband re-marries, and a few years later the husband dies. When the former wife hears about the probate Las Vegas case, she comes forward demanding her interest in the ranch.

Questions that arise and that must be determined by the probate attorney Las Vegas are: What portion of the ranch does the former wife get? A Las Vegas probate lawyer would also have to know what portion of the estate does the second wife get? Are the children entitled to anything? Will the ranch be considered as “Omitted Property” under Nevada’s divorce statutes? Are there “Equal Vesting” issues? Are there community versus separate property issues? Is the property that the first wife took approximately equal to what the husband received?

The lesson to be learned is that it is less expensive in the long run to seek the advice of a probate attorney Las Vegas to be sure your legal maters are properly handled. Estate planning Las Vegas would have resolved most if not all of the issues. Trusts Las Vegas would most likely keep the estate out of probate in Las Vegas. A Las Vegas probate lawyer could have prepared a Wills Las Vegas or trusts Las Vegas and resolved many issues. Your Las Vegas probate lawyer, has in depth knowledge regarding probate law and exceptional research skills to find answers to issues in probate Las Vegas.

]]> http://probatelawyerlasvegas.com/estate-planning-las-vegas/feed/ 0 Set Aside Estate Without Administration http://probatelawyerlasvegas.com/estate-without-administration-probate/ http://probatelawyerlasvegas.com/estate-without-administration-probate/#comments Mon, 21 Dec 2009 22:24:19 +0000 admin http://probatelawyerlasvegas.com/?p=14 Your probate lawyer in Las Vegas can assist you with this category of probate law, which applies only to probate estates that have a net value of less than One Hundred Thousand Dollars ($100,000). This section of probate law permits the transfer of both real and personal property. Net estate value is calculated by taking the fair market value of all probate assets in the estate and subtracting all mortgages and liens, excluding non-secured debt. Your Las Vegas probate lawyer is familiar with this probate calculation. At least thirty days must have passed since the death of the decedent before the petition can be filed. A Las Vegas probate lawyer should prepare the Petition.

Contents of the Petition submitted to the probate Court are: (1) A detailed description of all the estate property; (2) A record of all the liens and mortgages against the estate on the date the decedent died; (3) The estimated value of the estate assets;
(4) An account of the decedent’s estate debts so far as known to the petitioner; and
(5) The names, residences, ages, and relationships of the heirs and devisees to the decedent, so far as known to the petitioner. Your Las Vegas probate lawyer should assist you with assembling these required probate documents, and preparing the petition for the probate Court.

A Set Aside Estate Without Administration requires a hearing in probate Court. Your Las Vegas probate lawyer will prepare a Notice of Hearing that sets the date and time, and gives notice to all interested persons involved in the probate estate of the hearing. The Nevada State Welfare Department must also be notified. Newspaper publication is not required in this section of probate. If the probate attorney does not mail the petition with the Notice, then the probate attorney must specifically state in the Notice to whom the estate is being set aside. This section of probate law is often complicated and problematic, requiring the assistance of a competent probate attorney in Las Vegas.

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