When one dies without a will in the state of Nevada then they are considered to have passed away “intestate.” There is a common misunderstanding that, when this happens, all of an individual’s property reverts to the state of Nevada. This is not the case. When a person passes without a will then much of their property will be distributed to heirs in a manner that has been pre-determined by the state. Such situations can involve disputes over who will serve as the administrator, what property should be included in the estate, and more. Retaining an experienced attorney to represent you is important to ensuring that your rights are protected as the process moves forward. Nikki Dupree-O’Brien is a Las Vegas lawyer handling probate cases when there is no will. She prides herself on providing quality representation and is looking forward to speaking with you. Contact us today for an initial consultation.
Attorney for Las Vegas estates where one did not have a last will and testament
When an individual dies intestate their assets are divided in an order that has been pre-defined by Nevada’s Revised Statutes. As an example, if an individual passes away with a spouse and one child then the spouse will inherit all community property. All separate property will be divided equally between the spouse and the child. The way in which property is distributed will vary drastically depending on whether one was married, whether their parents are still alive, etc. Property that passes outside of probate, such as a bank account with a named beneficiary, is not included in this process. Moreover, if an estate is valued at under $100,000 then priority is given to spouses and minor children.
The process of handling an intestate estate begins when one files a Petition with the Probate Court. Appropriate notice must be provided to all the potential heirs and creditors. The judge will appoint an individual to serve as the “administrator” of the estate. This individual is charged with accounting for all the estate’s assets and debts. All of the estate’s debts (including taxes owed) must be paid out of any available assets, although this may not be the case if the estate is valued at less than $100,000. The administrator will distribute all remaining assets to the heirs in accordance with the state’s intestate succession laws and the Court’s orders. The matter will then be closed.
Several disputes can arise during the process of handling an intestate estate. These disputes can involve litigation over whether or not one should be considered an heir, whether or not property should be included in the estate, how property is valued, etc. Also, heirs may believe that the administrator is not being diligent in the handling of the matter and they may wish for him or her to be removed. It may also be necessary to determine the validity of any debts asserted on behalf of creditors. These are just some of the issues that can drag out an intestate estate and cause the wasting of assets. Retaining an experienced attorney can help prevent such issues from occurring.
Our Las Vegas probate lawyer assists with the handling of cases which do not involve a last will and testament. Nikki Dupree-O’Brien has been practicing law since 2008 and has extensive experience in the handling of such matters. Nikki will use your initial consultation to gain an understanding of the situation and to identify any possible issues. If she is representing you as the potential administrator of the case then she will quickly file the necessary Petitions on your behalf. If Nikki is assisting you as a potential heir then she will take steps to ensure that your rights are protected. This includes making sure the administrator is timely handling all matters and that they are acting in the best interest of the estate. Our firm understands that this is a stressful time in your life. We will give your case the attention it deserves. Contact us online or by telephone today to schedule an initial consultation. We look forward to working with you.
Lawyer providing quality representation to those facing a Las Vegas probate
Those in southern Nevada often have relatives living in many different parts of the country. This can make the handling of a Las Vegas probate more complicated. Nikki understands that such matters can “bog down” if an attorney is not ensuring that things move along. Our attorney is well-versed in the rules of procedure and will take steps to make sure that there are no unnecessary delays in your case. This allows you to focus on your future and your family, as opposed to the probate process. Quality representation is our promise to each and every client we serve.