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Whether or not you have a will, the Court supervises to make sure that your estate is administered properly. So if you do not have a will, the Court will divide your assets pursuant to Nevada law. If you have a will, the Court will ensure at your wishes are carried out. There are four categories of Probate Law, each one is tailored for how much property you own at the time of your death, otherwise known as your “estate”
It's hard to believe but true there are many people who think that simply signing a trust agreement will sidestep the complicated process of probate. It is certainly unbelievable because this notion is far from realistic, and yet even smart, educated people fall prey to this belief. Years of research and analysis by legal experts have clearly established that trust agreements are unsuccessful at least 50 percent of the time.
Ultimately, good estate planning involves far more than simply signing a trust.
There are numerous reasons for this. One of the main reasons trusts fail so often is that the assets were never transferred to the control of the trust. Added to that, bad choices in trustees are another factor in trusts' high failure rates.
But hang on, there's more! There are other important reasons for this common occurrence, reasons which are more serious than those already mentioned. It's a fact that in the majority of cases, the trustees or the settler have little or no understanding of the numerous benefits they could have received had they only done some serious estate management planning. Not only that, they've never considered hiring an experienced probate attorney to help guide them through the process and avoid the complications that emerge along the way. Wise decisions are at the heart of successful trust and estate management planning, and the lack of such wisdom inevitably leads to failure.
Don't underestimate the importance of choosing the best estate planning attorney available. One of the common mistakes people make when they need assistance with estate planning is to get involved with a virtual door-to-door trust salesman disguised as an estate attorney, who gives only boilerplate advice on trusts. More often than not, these relationships end in disaster for the client. Without experienced, thoughtful consideration of the client's true needs, these phony trusts, as well as the trust planning attorney, are doomed to fail.
By Affidavit:
When does it apply? When the value of the estate is $20,000 or less
- Perfect for those who rented an apartment, had a modest car and some money in a bank account
- All you do is fill out an Affidavit and you can transfer your deceased loved one’s assets
Set Aside:
When does it apply? When the value of the estate is between $20,000 to $100,000
- Ideal for those with small estates, rent a home, some savings and assets
- Simply file one Court document requesting that the Court “Set Aside” the Estate
- The Court will issue an Order directing how the estate is to be distributed
- Usually takes 2 to 3 months to complete the Court process
Summary Administration:
When does it apply? When the value of the estate is between $100,000 to $200,000
- Used for medium sized estates
- When you own a home with some equity, cars and other medium sized assets
- Takes about 4 to 6 months to complete the process
General Administration:
When does it apply? When the value of the estate is $200,000 or greater
- Used for large sized estates
- When you own a home, multiple homes, cars and other large assets
- Usually takes 6 to 12 months
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