Practice Areas

Probate

Probate is the legal process handled in a Nevada state court which governs the distribution of your assets after you die.  Your estate must be probated whether you die with or without a valid Will in Reno, Sparks, Carson City, Incline Village or any of the other cities or towns in Nevada.  The Probate Court ensures your debts are paid and that your assets are distributed - either as directed in your Will  - or pursuant to law if you die without a valid Will.  It does this in public hearings where anyone can hear your private business.  Nevada Probate is THE ONLY WAY TO TRANSFER TITLE to your assets to others after your death.  However, with a Living Trust, your loved ones can completely avoid the necessity of going through Probate and still have your assets placed in their names when you have passed.  A Probate case is easy to challenge, and many of those cases do get attacked in Nevada, costing your heirs time and money.  A Living Trust in Nevada saves time, money and is very private.  The public will not know your affairs or business.  Your assets and those who will receive them will not be available for public knowledge.

If you die WITHOUT A WILL, your estate must be probated before it can be distributed to your “heirs" as determined by Nevada law.  This is called dying "intestate."  Without a Will, your heirs are determined by Nevada law, not by you.  But remember, without a Living Trust, your estate will go to Probate, whether or not you have a valid Will. 

There is NO PRIVACY in a Probate in Nevada.   Anyone can read your Will.  Anyone can see what you owned and who you owed.  Anyone can see who will inherit your estate and who was disinherited.   A Probate judge interprets your Will and determines what it means.  Probate can expose your family to scam artists.

If you become disabled or incapacitated before dying, your family must go to court to prove your mental or physical incapacity and ask a judge to place someone in charge of your affairs.  That person may not be the one you would choose.  With a Living Trust, you can designate privately in advance whom you wish to manage your affairs in the event you become incapacitated. 

If you have minor children or grandchildren, a simple Will may not provide the control you want in place after you die.  The Probate Court will control the child's inheritance until the age of majority.  At age 18, the child receives the full inheritance (something many people do not want).  With a Living Trust, all these issues can be determined in advance and done according to your wishes.

Probate is EXPENSIVE. Will contests and other disputes often arise in Probate.  This is expensive (legal fees) and is paid from your estate, and will come out of the pockets of those you wanted to receive your assets.  A Revocable Living Trust can avoid these problems in Nevada.