Probate & Trusts
Without the right Las Vegas probate litigation lawyer, the probate process can be a daunting experience. Many people try to implement an estate plan (like a revocable living trust) to avoid probate and guardianship, but in life sometimes the unexpected happens. The most common mistake people make when forming their estate plans is that they fail to properly fund their revocable living trust with any or all of the intended assets. The result is that, upon death, an asset remains titled only in the deceased’s name and there is nobody to sign the transfer forms to the intended beneficiaries. Probate is the process that bridges this gap in the title.
In Nevada, there are different types of probate proceedings, which primarily depend on the value of the estate as of the date of death. The entire probate process could take anywhere from a few weeks to six months to even years if someone challenges the administration and distribution of the decedent’s assets (also referred to as will contests). Given the uncertainty that probate can sometimes present, it is crucial to make sure that you are in the right hands and retain a Las Vegas probate attorney that is fully competent in all of the nuances that can arise in the process; you also want to hire an aggressive litigator that will advocate the decedent’s true intent. The Las Vegas Probate Attorneys here at HAYES | WAKAYAMA are experienced and skilled in all areas of probate law, including probate litigation.
When a decedent’s Last Will and Testament is contested, Nevada courts view this type of proceeding just like any other civil litigation case. Discovery is allowed and the parties will present their respective cases to a judge or jury at trial if the case is not resolved beforehand. This can be a very costly and time-consuming process, which is why Nevada law allows a personal representative, executor, and trustee to be compensated for their efforts and their legal fees covered by the estate or trust assets in certain situations. So, don’t shortchange yourself. Be sure to understand all of your rights if and when you are forced into litigation.
Call the law firm of HAYES | WAKAYAMA to schedule a free and confidential consultation to discuss the specifics of your probate matter. We promise that you will meet directly with an experienced Las Vegas probate litigator to discuss your case. For the best possible representation for you and your family, you need to look no further. We can help you navigate the probate process and work diligently to transfer assets to the rightful beneficiaries. Our Las Vegas probate lawyers are knowledgeable of all facets of probate law and are also seasoned litigators. Call to schedule a free and confidential consultation with attorney Liane Wakayama at (702) 656-0808.