Probate is a process that transfers assets from someone who has passed, to their heirs and/or beneficiaries. The Probate Court is, in essence, a name changing court. The Court enters orders directing that the assets be transferred from the name of the Deceased to the name(s) of the recipient(s).
Frequently Asked Questions
While a probate attorney is not required, the rules governing the probate process can be complicated. Missing steps along the way can be frustrating and stressful to the parties and to the Court. Many times a probate attorney will be paid at the end of the probate from the assets of the estate. Further, probate attorney fees are reviewed by the Court to ensure they are not unreasonable.
The Last Will & Testament, or “Will” for short, is a tool that allows your voice to be heard, and your wishes implemented, regarding who will inherit your assets. The Will does not keep your affairs out of Probate Court. You can think of a Will as a road map directing the Court where to go.
A Trust is a probate avoiding tool. If you transfer assets into your Trust, which you control during your lifetime, your loved ones can generally skip the probate process which would otherwise be time-consuming, expensive and stressful. The Trust designates a Successor Trustee who will follow your instructions and transfer your assets, ideally without any Court involvement. At Abrams Probate & Planning Group, we work with you to help you through this process.
A Power of Attorney is an effective tool to allow you to designate a person (or persons) to make decisions for you if you cannot. The Power of Attorney also allows you to avoid conflict or tension among family and/or loved ones who may each wish to assist you when you can longer manage your own affairs. The Power of Attorney can also be a means by which you may stay out of the Guardianship Court.
Michelle Abrams advises her clients on the benefits and costs of estate plans, and how they can be tailored to work for each person. Ms Abrams has been practicing law in Nevada for over 20 years. She has the ability to translate fancy legalese, and put her clients at ease while discuss the difficult topics of illness and death. Michelle provides a free consultation, and reasonable rates.
The laws regarding Wills and Trusts vary from state to state. While Wills and Trusts may be generally valid throughout the United States, it is important to have a Nevada attorney review your estate plan. Michelle Abrams provides a free consultation, and helps determine if any changes in the law will affect your estate plan, and whether an amendment to your documents should be done.