Hypothetical Probate Case

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.

The Law Office of Daniel Potucek, LLC
153 W Lake Mead Pkwy HendersonNV89015 USA 
 • 702-558-3400

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