Probate for Out-of-State Land
The attorneys for the estate will have to manage a process with court proceedings in two or more states and with different sets of laws. These cases require the expert assistance of an experienced Las Vegas probate attorney.
Real Property in Multiple States
The law of the state of residence at the time of death is an important fact. Nevada law controls when the decedent was a resident and had a domicile or legal home in Nevada. The situation of multiple parcels of land in more than one state can be challenge and would best be handled by the skills of a Las Vegas probate attorney.
The laws of the state of location control the property issues. The locations of the land may have state policies that do not agree with Nevada law. Some cases are complex and could require courts to balance claims by considering the laws and the reasons for them.
Most probate matters are simple small estates. Larger estates have separate rules under Nevada law that affect the rights of potential heirs and particularly the spouse and children. Nevada has some unique rules; for example, an estate valued at $200,000.00 can use a simplified process called summary administration, but an estate valued at $200,000.01 or more must use general administration procedures.
If there is a will, then the Nevada courts will prove the will in the probate process for decedents that had a Nevada domicile or primary residence. A revocable living trust can reduce costs and uncertainty in transfers of real estate located in other states. If there is no will, then the laws of Intestate Succession apply. The court must decide the rights of the possible claims based on relationship to the decedent.
Managing Complex Estates
Nevada law has strong policies, such as community property, that must be clearly understood and properly applied to a successful case. Decedent Estates that involve land in two or more states require managing Nevada court proceedings and ancillary proceeding in other states. To get more information to resolve estate and probate issues contact the law offices of Sean Tanko!