Henderson Probate Litigation Lawyer

Henderson Probate Litigation Attorney

When an individual passes away, their assets will be distributed. Unfortunately, when that time arises, there may be those who disagree with the process, the management, or the lack of clear dissemination of assets and seek to challenge a will, trust or other finalization of estate planning. With the help of a probate litigation lawyer, you can work to resolve these issues with your interests in mind.

At Ken R. Ashworth & Associates, our team has the knowledge and experience you need to navigate these complicated situations. When you feel the need to contest the estate plan of a loved one, or someone else is contesting that plan, it can create division and frustration amongst you and your family. This can make resolving the matter difficult. Each Henderson probate litigation lawyer on our team can help to reach a settlement and navigate the complications that arise while working for an equitable outcome.

What Is Probate?

Probate is the process by which the final estate plan is executed upon the death of an individual. In this process, the court officially transfers the contents of the will or trust to the beneficiaries or heirs designated by law or within the documents provided. There is usually an executor named to oversee the estate, and they inventory and oversee the contents of the estate, including real property and finances.

What Does a Probate Litigation Lawyer Do?

In a contested will, trust, or estate planning matter, an attorney can help in a multitude of ways. Cases of probate can arise from concern over the validity of an estate plan. This question of validity could arise for a number of reasons, such as the conditions during the initiation of the will or the administrator’s fiduciary standard of care. It is the obligation of the administrator to ensure that the estate’s assets are handled in an appropriate manner prior to beneficiaries receiving them.

Attorneys work to represent the interests of their clients. In cases of probate, any of the following issues could be handled with the help of a probate litigation lawyer:

Negotiating with creditors who are filing claims against an estate
Helping to recover assets in instances where there are disputes over how an estate is managed by the designated administrator
Working through spousal division and guardianship if the estate involves Medicaid planning
Contesting estate planning created as a result of undue influence, reduced mental capacity of the individual creating the plan, unjust enrichment, or the result of forgery, fraud, or other invalidities

Often, attorneys will work with a multitude of clients who represent all aspects of the estate planning process, including banks, beneficiaries, heirs, other attorneys, and many more. While some individuals may wish to navigate the probate process on their own to save money, the cost of a probate attorney is worth the investment as they can help quickly resolve matters and save money by working to avoid future litigation.

Who Pays for a Probate Lawyer in NV?

At the conclusion of the probate process in Nevada, attorneys are often paid a small percentage of the total estate, depending on the size of it. Knowing the exact costs you may pay in your case is a combination of many different factors. You should discuss the overall fees with your attorney during your initial consultation so that you have an understanding prior to your claim.

Who Does a Probate Attorney Represent in NV?

In probate cases, the attorney is often hired by the executor of the estate plan. This means that the attorney does not represent the beneficiaries of the estate in Henderson, Nevada. However, a probate lawyer could also be hired by those who feel the estate is not being administered properly.

When the probate process is opened, the estate is vulnerable to claims filed by any party who has an interest financially in the estate. This includes the beneficiaries, creditors, and other heirs. If the attorney represents the executor, parties filing claims against the estate have an obligation to seek their own legal representation.

What Assets Are Exempt from Probate in Nevada?

Not all assets are subject to probate and cannot be named in a claim against an estate. Items that could be included in probate litigation include:

Personal property, including jewelry, furniture, and vehicles
Real estate property that is deeded to a descendent or is held as tenants in common
Individual bank accounts
Any business interests that are linked to the beneficiary that are not part of a business succession plan
Any insurance policies that list the decedent as a beneficiary

These are just a few of the assets that could be litigated against in the probate process. However, there are a number of assets that are not included and cannot be challenged in court. These assets include:

Bank or brokerage accounts that are designated to transfer upon death or payable upon death
Any property that is held in a trust
Retirement accounts with listed beneficiaries
401(k) accounts

Assets in which beneficiaries are named will be transferred to that individual. Additionally, assets that have a surviving co-owner will be transferred to that co-owner upon the death of the individual they owned it with.

Can You Avoid Probate in Nevada?

There are some circumstances where probate will not be necessary. If the entire estate is worth less than $20,000, and does not include any real estate property, it can avoid the probate process.

Creating a living trust as part of an estate plan can also help your assets avoid probate after your death. Working with an estate planning lawyer can ensure your wishes are carried out in the future.