The affairs of a family member or loved one must be resolved after they pass away. There are several aspects involved in doing so. These aspects include identifying all of their assets, all of their debts, and any outstanding expenses which may exist. Once all outstanding items are settled then any remaining assets may be distributed to the deceased’s beneficiaries. This entire process must be completed under the supervision of the Probate Court. If the deceased had a last will and testament the Court will also be charged with ensuring the will is valid as well as with interpretation of the will. The process can quickly become complicated for a number of reasons. An experienced attorney can help to ensure the matter is handled as efficiently and quickly as possible. If you are in need of assistance then contact our Las Vegas probate lawyer today to schedule an initial consultation.
Attorney assisting Las Vegas residents with the process of probating a will
When an individual passes away with a valid will many of their assets will generally be divided in accordance with the terms of the document. The individual who made the will, known as the “testator,” will have laid out those terms. It is important to note that some of the testator’s assets will not be subject to the will. These include bank accounts and investment accounts with named beneficiaries, jointly owned real estate (depending on how it is titled), and other items. Such assets pass to their new owner outside of probate. Quite often, however, an individual will have many assets which are included in a will.
The process of probating a will begins by filing a Petition with the Probate Court. A copy of the will is also submitted as part of this process. Heirs, potential heirs, and other individuals have a right to challenge the validity of the will. Assuming that the will is found to be valid, it will govern the handling of the estate. An individual will be appointed as the estate’s “personal representative” or “executor.” They will be tasked with settling all of the estate’s affairs, which includes paying outstanding debts and taxes out of the estate’s assets. They will then distribute the proceeds to the heirs according to the terms of the will, once they have permission from the Court to do so. Once all assets have been distributed, and all outstanding debts have been paid, the matter will be closed.
The foregoing process can involve many complications. First, if the executor is failing to properly carry out their duties the heirs may seek to have him or her removed from the position. Also, in addition to challenging the validity of the will, others may attempt to claim that assets should not be included in the estate. This can be due to claims that they were not actually owned by the deceased. Moreover, challenges can be made as to whether another person should, or should not, actually be considered an heir under the will. Finally, complications can arise in settling the affairs of the estate as property may or may not have been properly included in the will. There may also be additional debts which were unknown to the heirs. Any of these types of issues can delay the handling of the probate. Retaining an experienced lawyer can help to ensure that things go smoothly.
Nikki Dupree-O’Brien is a Las Vegas probate attorney handling cases which involve a last will and testament. Nikki will use your initial consultation to determine whether there may be potential challenges to the will as well as other complications which may arise. She will then put a plan in place to make sure that your interests are protected throughout the process. This can be whether she is assisting you in your role as the estate’s executor or whether you are an heir in need of representation. This includes handling challenges to one serving as the executor or disputes over whether one should be permitted to inherit. We understand that these types of matters can quickly become contentious. It is Nikki’s goal to resolve matters amicably if possible, while taking the appropriate legal action when necessary. We understand that this is a stressful time in your life. Contact us today to schedule an appointment.
Lawyer providing quality service to southern Nevada residents throughout the probate process
Going through the stress of probate is difficult enough. The situation can only be made worse if one does not have quality representation. This is why Nikki strives to provide the highest level of service in each and every case she handles. This includes promptly responding to messages, quickly replying to emails, and making herself available to answer any questions you may have. Nikki handles all matters in the office personally. This means that you will know your lawyer as opposed to an unknown associate. Having practiced law since 2008, Nikki is well aware of the urgency of the situation. Contact us today. In addition to Las Vegas, we also serve other southern Nevada areas.