Las Vegas Probate Lawyer Dealing With Creditor Claims

bank statementThere are many things which the executor of an estate must deal with after losing their family member or friend. One such thing is ensuring that any creditors to whom the estate owes money are paid. Failing to properly deal with a creditor can, at best, delay the conclusion of probate. At worst such a failure can leave the executor personally liable for the debt. Retaining an experienced attorney can help ensure that legitimate debts are paid while the estate is not needlessly squandering funds. Our Las Vegas probate lawyer assists executors with the handling of creditor claims. Contact our office today to schedule an initial appointment.

Attorney helping probate executors handle the debts of an estate

Not all of a deceased individual’s property is distributed to the heirs when they pass away in Nevada. Any outstanding taxes must be paid and, more importantly, anyone to whom the deceased owed money will have a claim against the estate. The Probate Court will decide which debts must be paid and which may be bypassed. Once all necessary debts are paid the executor may distribute the proceeds of the estate to the heirs. Proceeds may not be distributed until the Court grants permission to do so.

The executor must provide notice to known creditors when probate is opened. Also, notice must be given to potential creditors via publication. Creditors will typically have between two and three months to assert a claim against the estate for the money they are owed. The executor may challenge whether the estate, in fact, owes the debt or whether the estate should otherwise not be liable for it. Also, whether assets are community property can impact the extent to which creditors have a claim on them. Add to this the fact that Nevada provides a homestead exemption, and that spouses and children gain priority for smaller estates, and it is possible that the creditor’s claims can be reduced.

An executor can face potential consequences if they fail to properly deal with a debt of the estate. On one end of the spectrum, the probate can suffer from a lengthy delay while the Court hears and litigates the claims of the creditor. On the other end of the spectrum, the Court may find that the executor has to personally pay the debt if the assets of the estate have already been distributed. Given that executors are typically not accountants and are performing the role while trying to live their own lives, these types of mistakes can easily happen in a complicated estate. Having the assistance of an attorney can help to ensure that such errors do not occur and that the estate avoids paying unnecessary debts.

Our Las Vegas probate attorney helps executors to deal with creditors in an effective manner. Nikki Dupree-O’Brien has been practicing law since 2008 and she regularly handles such matters. Nikki will work quickly to determine the debts of the estate and which of them should be challenged. She will ensure that all creditors are given notice of the case and our firm will protect the estate’s rights in Court. Importantly, Nikki will be in regular contact with you as the case progresses and will make sure she is available to answer your questions. She handles all matters in our office personally. This means that you will be dealing with your lawyer and not an associate attorney. We strive to provide the highest level of service in each and every case we handle. Contact us today for assistance.

Attorney handling a wide range of issues in Las Vegas probate cases

Our firm handles a wide range of issues in regard to southern Nevada probates. In addition to assisting estate executors, we are able to handle challenges to a last will and testament as well as challenges against a trust. Such issues can quickly become complicated and it is important that you retain a firm that knows what to expect in such situations. The promise of personal service is applied to each and every case we handle.