Nevada state laws control the resolution of wills in Las Vegas. The policy goal is to follow the wishes of the decedent and distribute the property left after payment of taxes and valid creditor obligations. When there is no will, the state applies the law of intestate succession and distributes property to relatives in the order of closeness to the deceased.

The Missing Heir

The probate process requires that the administrator make reasonable efforts to find every heir. This includes contacting known relatives and publication in newspapers and other means calculated to reach everyone.

When the administrator or other parties before the court cannot locate an heir to the will, the court must resolve the situation. The law treats equally the situation in which one heir is missing as opposed to the missing sole heir.

One or More Missing Heirs

If the Administrator or executor cannot find one or more of the named heirs, the court can set aside the unclaimed part of the estate and proceed to close the balance. The unclaimed property must be accounted for and put into the custody of the court. If it is not claimed within a time set, the court will transfer the property to the State Government.

If No heirs, Escheat is Possible

The heirs or legatees of a missing heir have standing under the Nevada probate rules. They can use the law of wills in Las Vegas to petition the court to get the property that could have gone to the missing heir. There is a strong preference in Nevada law to distribute the property rather than sit idle and unclaimed.

Escheat to the State of Nevada

If each of the above efforts to locate an heir has failed, then the final step is an escheat. The escheat is the taking of assets by the State of Nevada and converting them to public property owned by the state. The law of Nevada does not favor an escheat; rather the law favors distribution of assets coding to the wishes of the decedent. The law requires exhaustion of the other possible solutions before accepting an escheat.

The law offices of Sean Tanko provides expert advice and assistance with estates and wills in Las Vegas. Please call or visit online today.

The basic requirements for a valid will in Nevada are simple. The will must be in writing. The person making the will must 18 years or older, have a sound mind, and must know that he or she is disposing of property and things of value. The maker must act out of their free choice and sign the will in the presence of witnesses.

The witnesses must know that the event is the signing of a last will and testament. The witnesses must sign, and not have an interest in the will. With the help of probate lawyer in Las Vegas, the signing can be done in the presence of a notary, with sworn statements, and become a self-proving will under Nevada law.

What is an Invalid Will?

An invalid will is one that lacks one or more of the requirements. The fault may be on the face of the will, but if not, it must be proven. The items below describe invalid wills in Nevada.

• Undue Influence invalidates a will; the law requires that the testator act of his or her free will. If some person uses influence that overcomes the testators will then the will is invalid.
• Lack of Capacity involves the mental state of the testator. The will is invalid if facts can show that he or she was not competent or temporarily under a disability that interfered with normal judgment and understanding. The testator must know he or she is disposing of property.
• Invalid Execution occurs when the signing of the will was improper. For example, if one or witnesses had an interest in the will, or did not see the testator sign, then the witness requirement fails.

Handwritten Wills

There is an exception in Nevada law for wills written in the testator’s hand. These handwritten or holographic wills can be valid if shown to be authentic. The law does not require formalities of witnesses and signatures. Family members and others with standing to challenge can contest the handwritten will

Contesting a Will

A faulted will can pass through probate if no one with standing objects and the court lacks the facts or evidence to find it on its own. Nevada law recognizes no contest or in terrorem clauses, but they will not bar a contestant that brings a claim in good faith.

The Nevada law of wills is complex, and many issues require consultation with a knowledgeable and experienced probate lawyer in Las Vegas. The law offices of Sean Tanko provide expert advice and assistance with all aspects of Nevada Wills and probate. Please call or visit online today.

The State of Nevada is a leader in providing a wide range of choices and protections for decedent’s estates. To take full advantage of Nevada laws and procedures, you may need to consult with an expert Las Vegas probate attorney.

The basic task of a probate is to settle an estate, which requires gathering the assets, accounting for them, and keeping them safe. Settling the estate includes payment of taxes, creditor accounts, and determining the assets left for distribution.

The Nevada law of probate has confusing legal terms that may interfere with a good understanding of the rights and duties involved in probate. The below-listed descriptions should promote a better understanding of the basic terms and relationships in Nevada Probate.

• The Will is the written document that tells the court the wishes of the deceased for distribution of the assets he or she owned at death. A will must be filed within thirty days of death and filed in the County in which the decedent lived at the time of death.
• Probate is the process of proving a will or deciding the beneficiaries of an estate without a will (intestate succession).
• Decedent and Decedent’s Estate refer to the person and his or her estate that must go through probate.
• Trusts are legal structures under Nevada law that can hold title to assets. Trusts are an important part of estates and estate planning. Trusts can help avoid the probate process.
• A Trustee is a person named by the creator of the trust to control the assets. In Nevada law, the creator of a trust may serve as co-trustee. Nevada asset protection trusts must have at least one Nevada resident as trustee.
• An Executor is a person named in a will or by the person making the will to carry out the terms. The executors must fill legal duties and has responsibility for the assets in the will.
• A Personal Representative is an adult person named by a court to oversee an estate when there is no will. The basic task for the representative is to gather the assets and oversee the distribution. The Personal Representative may also be called an Administrator.

Get advice from an experienced Las Vegas probate attorney. The law offices of Sean Tanko will assist in every aspect of Nevada probate. Please call or visit online today.

If a person dies and his or her last residence was in Nevada, then the Nevada courts will likely have the power to settle the estate. A frequent question for an active probate attorney in Las Vegas involves an estate with real property not located in Nevada.

Can the Nevada courts settle an estate that has land or other real property in a different state? The answer is probably no; the Nevada court cannot resolve the property matters located in other states. [Read more…]