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Understanding Your Needs.
Exceeding Your Expectations.

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Compassionate Legal Guidance Through Probate Or Guardianship

Last updated on July 13, 2023

Losing a loved one is never easy, but when you have the added responsibility of administering that person’s estate, you may feel overwhelmed. Likewise, when you have a loved one who can no longer care for themselves, choosing to petition for a legal guardian can be a painful decision. In either situation, you need a compassionate probate attorney who will help you understand the court process involved and the steps you must take.

The probate and guardianship attorneys at Marquis Aurbach understand what you are going through. Our firm has been helping Nevada families solve their legal problems for 40 years. Though we cannot take away your family’s emotional pain, we can help relieve the legal burden you face.

Nevada’s Probate Process

If the decedent’s will names you as their personal representative (also known as an executor), you must take certain steps to fulfill your duties. Generally, you must identify all assets, as well as debts, file appropriate documents with the probate court and distribute the assets according to the will once approved by the court.

Under Nevada law, the exact process you must follow depends on the size of your loved one’s estate and the type of assets they owned. For an estate with less than $200,000 in probate assets, the court may allow you to follow a simplified process called a Summary Administration. Larger estates must go through the probate process.

In addition, not all assets must go through probate. Joint assets or assets with a designated beneficiary may pass outside of probate. For example, if the decedent recorded a Deed Upon Death for their house, that property will pass to the beneficiary named on the deed.

No matter the size of the estate, we can help you understand your responsibilities and examine the estate assets to determine the best way to proceed. We can also assist you if a disagreement develops, such as a will contest. We will defend your interests or your role as the personal representative, as the case may be.

When To Consider Guardianship

Many clients ask how they will know when their elderly loved one needs a guardian. Although the answer to that question depends on individual circumstances, we can provide some legal guidance. Often, you can avoid guardianship if your loved one had proper estate planning through powers of attorney to cover both finances and health care decisions.

If your loved one has no power of attorney, and they no longer have the mental capacity to sign such documents, you should discuss their ability to care for themselves with their doctor. When they can no longer safely look after their daily care or handle their own finances, a guardianship may be the answer. You can also petition for legal guardianship over a disabled adult child.

We are happy to discuss your situation and your options. We will explain the requirements for guardianship and go through other ways you can help your loved one. We know this decision causes difficulty for many families and may even stir up disagreements. We will represent your interests and guide you through the process.

Bring Your Concerns To Us

Let us take on your legal burden and help you through this process. Contact us to schedule an appointment by calling 702-382-0711 or emailing us today. We can meet with you at our main office in Las Vegas, or in our Reno office by appointment.

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