Making a will is a good idea because you never know what will happen. Regardless of your age or health, a will guarantees that your savings and assets will be distributed as you wish. If you write a will by yourself and it is not legally valid, you may not be able to correct it when necessary. That’s why it’s a good idea to consult a probate lawyer when writing or reviewing your will.

An estate planning attorney Las Vegas can ensure that everything you include in your will is done as you won’t be able to do it yourself. If your will lawyer is not also acting as a real estate lawyer, you should seek the help of a real estate lawyer to make sure your interests are defended. The execution of the will of a deceased is always a complex matter. But one of the most difficult aspects of interpreting the will concerns the real estate sector. It can be difficult to know who is getting a property if the will is unclear. If anyone wants to sell this building, things can get even more complex. Fortunately, a probate lawyer can provide valuable assistance in this area.

Putting the Property Into a Living or Family Trust

The first option for your estate plan is to set up a revocable trust fund. With this option, you would transfer all deeds to the name of the trust. So, while you are still alive, you would be the trustee and you could change your living trust in any way you see fit. At the same time, you will also appoint a successor trustee who will take care of paying the assets of your estate to your beneficiaries upon your death.

Trusts are a bit more expensive and take a long time to set up, so you’ll probably need to hire an estate planning attorney Las Vegas to do it for you. Family trust will not affect your taxes during your life. After your death, however, the trust will become an independent taxpayer and pay a high rate of income before the property is distributed. If your heirs or beneficiaries are minors or extenuating circumstances that would prevent the property from being distributed for an extended period, setting up a trust can be more expensive than probate.

Guardianship Las Vegas

Guardianship is a legal process designed to protect the interests of a person who is legally or mentally unable to manage their business. This is the process by which a guardian is appointed to take care of the personal or professional affairs of the ward.

A guardian is a person legally charged with the care and management of another person’s property and rights. The ward is the person who is legally or mentally unable to manage their business. It can be a person with a lack of mental capacity or even a minor child.

Joint-Tenancy Arrangements

If you own a property with another person and that property encompasses the “right of survival.” Therefore, the surviving owner will innately own the property when the other one dies. No proof will be required to transfer ownership.

Shared property automatically passes to the surviving owners upon the death of one of the owners. No proof is needed. Joint tenancy often exists when persons/couples buy a property together. Each of the owners is known as a joint tenant. They have an equal share to the common property. If the spouses are owners of a common property with a right of survivorship, this automatically passes to the survivor on the event of death of one of the spouses.

The potential downside to this method is that all potential beneficiaries will have an ownership interest in the property from the moment they appear on the deed, which means you will need to consult with them if you ultimately decide to sell the property. If you don’t want another party to have this oversight while you are still alive, you may want to speak to a probate attorney to look for other options.

Transfer on Death Deeds

A Transfer on Death Deeds (TOD), or Totten Trust, is a financial account to which a beneficiary is named. In many states, you can prepare an act now, but not have it come into force until your death. These death transfer deeds must be prepared, signed, notarized, and registered (filed with the county land registry office) like any other document. When it comes to estate planning, there are advantages to using death transfer accounts.

The main advantage is to avoid probation. Because you specify a beneficiary for your Transfer on Death Deeds (TOD), the account passes to the beneficiary upon your death, without the need to validate your will for that account. After your death, your beneficiary will take a certified copy of your death certificate to the appropriate financial institution, present proof of identity, and fill out a few simple forms. Once done, the funds in the account are transferred to the beneficiary.

Leave the Rental Property to Your Beneficiaries

You can simply leave the property to the beneficiaries in the will. However, assets transferred by Will must go through an inheritance process. Registration is slow, public, and can be very expensive. Approximately 5-15% of the total property value will go to the probation attorney and probate costs. In some states, it is also impossible to rent probationary properties, which can put temporary financial pressure on the beneficiaries who inherit the rental properties.

Wills do not avoid probate. A common misconception is that probate only applies to those who don’t have a will (or trust). Even though wills appoint an executor and list beneficiaries, assets held in the deceased’s name at the time of death still have to go through the probate process to transfer the title. A valid will is admitted for succession and becomes the court’s roadmap to indicate to whom the assets should be distributed.

Sell the Property

In the case of rental properties, you will need to follow all state laws relating to the sale of rental properties and know the details of how taxes will affect your projects. This is why it is always helpful to consult with professionals if you are faced with a complicated decision.

Why You Will Need a Probate Lawyer

An estate planning attorney Las Vegas will be involved in different ways depending on the particular circumstances of the property. Their involvement will depend on the value of the deceased’s property and whether or not there is a will at the time of death. An estate planning attorney Las Vegas can help you in this process thanks to their knowledge and experience.

Answers From a Probate Attorney: Trusts and How They’re Taxed

Most of us are looking for ways to protect our assets and provide for our family’s future. However, wills, trusts, and other estate planning activities can seem complicated and confusing to the average person. Talking to a dedicated probate attorney allows you to investigate your options and learn more about how each will impact things like taxes and other probate matters.

What Is a Trust?

A trust is an estate planning tool that allows you to set aside assets and set strict guidelines about how and when they can be accessed and dispersed. Three parties are involved in a trust. The settlor is the person who establishes the trust and sets the terms, in conjunction with their estate planning attorney. The trustee is the person or organization that holds title to the trust and administers its terms. Beneficiaries are the people who reap the benefits of the trust.

Depending on how they’re structured, they can benefit family members, such as children after your death, or be created to distribute funds to various causes. Creating a trust also helps protect your property from claims that could tie it up in probate, helps shield assets from creditors, and provides several ways to reduce or eliminate some of your tax obligations.

In fact, there are nearly a dozen types of trusts, including medical trusts, charitable trusts, marital trusts, and bypass, trusts. If you have a special situation, a probate lawyer can tell you more about your options.

For the purposes of this post, we’re going to focus on the most common types of trusts, under what circumstances they should be considered, and the tax implications of each.

Special Needs Trust

This is a type of medical trust that’s meant to benefit persons with chronic health conditions or a disability. They can be used to assist parents, children, or other qualifying family members by allowing them to collect financial assistance without diminishing their quality of life.

For example, an adult child may have a health condition that prevents them from working. By creating a special needs trust to help with qualified living expenses, they’re still able to meet the economic threshold for government-funded housing and medical assistance without living in poverty. Because the money from the trust isn’t considered income, it isn’t taxed.

Revocable/Irrevocable Trust

These are probably two of the best-known and most common types of trusts for estate planning purposes. A revocable trust is one that is created while the settlor, the person who is establishing the trust, is still alive, and it can be changed at any time before their death.

Revocable trusts are a valuable tool if you are unable to work due to a medical condition or are otherwise temporarily unable to manage your financial affairs. Funds are set aside in the trust, and a trustee is designated to manage any money or property on behalf of the beneficiary for a set period of time. You can also determine how your assets will be distributed after your death and spare your family a potentially lengthy or contentious probate process.

Irrevocable trusts usually benefit someone other than the settlor, such as a child or spouse, and the terms are pretty much set in stone. In other words, the funds or property must be managed to the specifications set forth in the legal documentation, they can’t be used for the benefit of anyone but the person named as beneficiary, and this trust cannot be changed unless a process for doing so is set forth in the terms of the trust.

Taxes on these types of trusts are paid by the beneficiary, but only on the income distributions rather than the principal amount of the trust itself. This means that the tax liability reported on the IRS forms K-1 and 1040 are on the smaller amount dispersed to the beneficiary, rather than the full financial value of the trust.

Charitable Trust

Another well-known type of trust is a charitable trust. This is the one we usually associate with celebrities and the well-heeled, but it can benefit almost anyone. Charitable trusts can be set up, so that income is provided during the settlor’s lifetime, but distributed to a charitable cause after their death or drafted to provide a set amount of money to charity and distributing the remainder of the bequest to family members.

Establishing a charitable trust allows you to avoid capital gains taxes and take advantage of the charitable contribution tax credit at the same time.

Bypass Trust

Creating a bypass trust will allow you to provide financial draws for a surviving spouse in times of need while leveraging the lifetime exemption from real estate tax and preserving the balance of the estate for other heirs.

Marital Trust

This trust is similar to a bypass trust in that it allows limited financial access to the surviving spouse and still adds the benefit of qualifying for the real estate exemption. However, it sets stricter limits on how much the spouse may withdraw and for what purposes. It’s usually considered in cases where the settlor has children from a previous relationship.

Life Insurance Trusts

This is a lesser-known but an extremely beneficial type of trust that will help your heirs avoid an estate tax on the proceeds of your life insurance. Life insurance trusts are irrevocable, and they transfer “ownership” of your life insurance policy to the trust.

By establishing a life insurance trust, you’ll bypass the mandatory inclusion of the death benefit as taxable personal income. The trust owns the asset, not you.

If you want to be able to pass property to a relative without incurring estate or gift taxes, or at least substantially limiting your liability, consider a Qualified Personal Residence Trust. The QPRT stipulates that the settlor will live in the property until a specified time, after which it will legally pass to the ultimate beneficiary.

A Probate Attorneys Offer Legal Advice You Can Trust With Your Future

Peace of mind is just one advantage of putting your financial house in order. Trusts are a solid way to protect assets and provide financial assistance for people or causes that are important to you. However, it’s important to get legal counsel if you want to maximize the benefits and limit your tax liability. Seek a probate attorney to help you set up your trusts,

This blog is geared toward providing you with general information about taxes and trusts. Learn how this applies to your own unique situation by talking to an experienced probate attorney in Las Vegas today.

A will executor plays an essential role in protecting and managing your property after you have died. They also ensure that liabilities are sorted out, and the proceeds from the real estate are also distributed to the rightful beneficially. A probate lawyer ensures that your will is drafted correctly. You should consider various factors when choosing the person who will handle your affair after you pass away. Here are the things you should consider.

Trust and Integrity

Finding the right executor of your will can be a daunting task because you need someone you can trust to manage your real estate property. It would be best to consider the intellectual abilities of the executor, such as honesty and emotional resilience. Executors are held liable if they make a mistake or do not execute their roles properly. Your preferred individual should be competent and reliable since their duties might be challenging.

It is recommended that you appoint a trustee company, friends, professionals, or family member as your preferred executor. Most parents prefer to use their offspring as their will executors.

If you prefer a family member or friend to be your executor, ensure that they consult a probate lawyer for help. The money used for these services should be deducted from the proceeds of your real estate. You should have a substitute will executor on standby to manage the estate in the event of the death of your preferred executor.

Executors Relationship

You should consider the relationship between your executors if you intend to have more than one executor. Your executors should work towards a common goal. You should ensure that the executors have similar personality traits and they understand each other. This will accelerate the decision-making process and avoid standoffs.

You can only appoint a maximum of four executors. Parents who use their offspring as executors can sometimes result in sibling conflict and expensive legal interventions to solve the problem. Deadlock situations can sometimes paralyze the smooth running of real estate.

Executors Geographical Location and Wellbeing

It is recommended that you choose an executor who lives near your real estate. This will help reduce the cost incurred to manage the property, especially if there are duties that may require the physical presence of the executor. It may also be challenging to perform some duties, such as having documents signed if your executors reside from different places. Additionally, appointing an executor who lives in a foreign territory may have negative tax repercussions on your property.

You should also consider the health and wellbeing of the executors. Executors should be individuals that will probably live longer than you. Ensure that they do not suffer from any terminal illness. It is also recommended that you appoint at least a younger executor of the will.

Complexity of your Real Estate

Managing even a modest real estate might be challenging. It is therefore advisable that you appoint an executor that has basic knowledge of business management. If your estate is complex, it is recommended that you appoint a professional such as an attorney to manage your estate.

A complex real estate may require that you appoint several executors. However, appointing a professional executor may attract fees that may be deducted from your estate balance.

At times, managing the estate might become a full-time job for your executor. Your executor might claim a commission for the challenges they experience when managing the estate. They should discuss this issue with the beneficiaries to avoid conflict. Executors residing in Las Vegas should consult a probate attorney in Las Vegas to advise them how they can get executors’ commission from a probate court.

Executor’s Financial Situation

Your estate executor should be someone with a good financial record. It is not advisable to choose individuals who are bankrupt or those who have a bad credit history. This is because these individuals cannot easily become bonded.

Boding refers to a type of insurance that helps to cover the beneficiaries in an event where the executor flees with your estate. Most banks require that your executor become bonded, and they may not allow you to name the executor if the individual is not bonded.

Executor’s Willingness to Act

Your preferred executor should be willing to accept the appointment or simply renounce it. Your executors should also provide their feedback in advance. This will give you ample time to choose someone else to manage your estate.

Ensure that you discuss your preferred executors with your beneficiaries before you appoint them. This will prevent any confusion that may occur after your death. If your property is in Las Vegas, you may need a real estate attorney in Las Vegas to ensure that your wishes are respected after your death.

Availability of your Executor

Your executor of will should be available to manage the estate. It may be inappropriate to appoint someone who is working 50 hours a week or is busy raising children. The executor should also have their personal affairs in order. Their spouses should also support the decision to avoid complicating the matter.

Executors should Understand and Respect your Wishes

Your executor should understand your wishes. There should be no room for guessing or interpreting your will after your passing. Your executor will need to make some decisions regarding your estate even after meticulous planning of succession. These decisions should align with your wishes.

Ensure that you appoint someone that will respect and agree with your wishes. You should not appoint an individual who opposes some of your wishes, such as allocating a certain amount of money to family members or your burial plans when you are still alive. This means that they will likely not honor your wishes once you are in the grave.

Good organization and Communication Skills

Your preferred executor should be organized and possess good communication skills. Most beneficiaries may not understand the role of executors, and this may bring up conflict. Your executor should be able to make frequent communications and explain your wishes to the beneficiaries. They should also pay attention to details when they are executing your will.

Executor and Beneficiaries Relationship

The relationship between the beneficiaries and your preferred executor should be healthy. Your executor should be an individual that your beneficiaries can trust. If you choose professional executors, ensure that they are from a reliable and trusted organization. Your executor should be an individual that is able to keep the peace after your demise. Your preferred executor of will should always remain neutral when there is conflict.

Talk to a Probate Lawyer and Continuously Update Your Will

Your children are your legacy. You would do anything to protect them. It is possible that you already have a will. However, updating your will on a regular basis is the best way to protect your children. Although an estate lawyer will help you with this process, you can talk to a probate lawyer to discuss what other things you may want to add to your will.

It’s Okay to Change Your Mind

It is quite common for people to their choice of guardian. This is especially true for those that chose their parents as their child’s guardian. It doesn’t take a lot of effort or difficulty to change the legal guardian especially if your original will was drawn up by an attorney. You can just send an email to your attorney.

There is no need for court approval. If you are revising your will with a new attorney, you may have to set aside an hour of your time to explain to your attorney the plans you have set up. If you are using your existing attorney, it doesn’t cost a lot of money to change it. You simply need a one-page codicil.

It is not legally required for you to tell the prior guardians about your changes. However, if you feel that after your death your former guardian choices may dispute your new choices, it may be best to let them know about them. There really is no reason to feel guilty because you are acting in your children’s best interest.

Review at Every Family Transition

You should review your guardian choice every 5 or 10 years especially if you have young children. If you have a child that has special needs, it may be best to review your choice annually. There are also situations in life when it is necessary to think about changing your will.

Divorce

If you divorce your spouse and they remarry, this may be the time to review your will. One scenario that has played out in a family is of a father who gets divorced and remarries, starting a new family with his new wife.

He may have a special needs child from his previous marriage that he no longer spends time with. The father may not be up-to-date with how his special needs son is doing in school. If his mother were to die, who would take care of this boy?

Living with his dad, he may feel alienated from him. You can make it a stipulation in your will for the guardian to foster a bond with your child and your parents. Different states have different laws regarding grandparents’ rights.

Although these wishes as well as a named guardian don’t have legal weight, if any disagreements come up in regards to guardianship and visitation, a judge will consider these wishes.

Substance and Physical Abuse

If violence or substance abuse has been an issue, you may want to avoid your child living with their other parent in the event of your death. In your will, you can put a provision where you state your wishes and why as well as any resources that are available to the trustee to oppose the other parent.

The state will usually defer to the surviving parent. However, they will take your wishes into consideration. This is especially true if the child is older and agrees with you.

Even with this, the other parent may want to seek guardianship to have access to your estate. Your best bet is dividing up the guardian of the estate. If the other parent is cut off from money, they may be less likely to seek custody.

If your child is a member of the LGBT community, you also want to make sure you choose a guardian that will not dismiss and reject your child’s identity. If you were raised in a religious and conservative community, you may be wary of choosing a family member as guardian for your child.

Write It All Down

If there are any other wishes you have about your child’s upbringing, write it all down and store them along with your important documents. You may want your child to go to Catholic school. Making a “handbook” on how to raise your child can be helpful for your child’s guardian.

This will also make things less difficult should some family members that disagree with your wishes get involved. With everything in writing, these troublesome family members can’t really interfere.

Ask for Permission

Before you appoint someone as guardian, ask for permission. You may be inclined to keep your choice a secret as a way to avoid drama. However, this is not the right way. Your choice of a guardian may not be the right fit. They are unprepared should you die.

Definitely, have a discussion with your choice of guardian to see if they are able or willing to do it. It can prepare them for some of the things they may have to manage should they decide to raise your child should you die.

Enlist an Estate Lawyer

Although it is possible to draft your will online, when it comes to your child’s well-being, your best bet is getting help from an estate lawyer. A lawyer can help prepare you for any complications or blind spots. if you can’t afford an attorney, your local law school may offer free legal services. The American Bar Association and the pro bono organization, Public Counsel, can also help.

The Wrap Up and the Role of Probate Lawyer

There are a few reasons to update your will for your children’s benefit. You may want to change guardians because your new choice is a better fit. Your family could be going through a transition. Another reason to update your will is to shelter your children from abuse.

Talking these things over and writing out your will with an estate planning attorney in Las Vegas. A probate attorney can help your loved ones fulfill your wishes if and when you die. A probate attorney in Las Vegas can be useful in giving you some tips to make the lives of those that survive you easier.