The demise of a loved one can be a tragic and stressful experience for family members. However, they have to go through the process of asset transfer to the rightful heirs who stand to inherit. Unfortunately, the transfer process can often become unnecessarily complex due to conflicts, delays, or other issues.
As a result, many cases usually go through probate, a judicial process in which a will is proved in a Nevada court and accepted as a public document for settlement. Most parties look to avoid probate by hiring a Nevada estate planning lawyer and will executor proactively.
However, those who don’t avoid probate usually face potential problems that could create delays in administration and prolong the asset transfer process. In this post, we’ll share the three most common challenges faced during probate in Nevada estate cases.
Three Common Challenges Faced During Probate Cases in Nevada
1. No Will
The most common challenge faced during probate for lawyers is when a person dies without a will. The administration rules for those who die intestate are different and a lot more complicated than merely following the documented wishes of the deceased. The main issue here is determining who can administer the estate since there’s no testament to identify the executor.
In most cases, the role is usually assigned to the person with the closest familial relationship in the following order:
- Spouse
- Adult children
- Living parents
- Siblings
- Grandparents
- Aunts/uncles
2. Beneficiary Issues
Beneficiaries entitled to inherit from the deceased’s assets and estate often become a minor or major obstacle in a probate process. For instance, they could be missing in some cases, meaning there’ll be no one to claim the inheritance. Distributing assets to next-in-line beneficiaries could make the executor personally liable if the main beneficiary should return within the legally acceptable timeline.
The second most common issue involving beneficiaries is a dispute. In many cases, spouses, parents, siblings, and other family members unsatisfied with their inheritance contest the will and prolong the process.
Finally, the third issue, particularly for executors or trustees, is that they can pay any taxes or unpaid expenses if the beneficiaries declare bankruptcy.
3. Executor Issues
Finally, the third most common challenge faced during probate in Nevada estate cases involves executors. For instance, due to disputes, executors may be unable or unwilling to act. They can also renounce their powers and assign another person to execute the will, which can increase costs, prolong the process, and cause more conflicts.
Some executors also fail to perform their duties properly or honestly, prompting beneficiaries to file claims against them.
Contact a Nevada Probate Lawyer Right Away!
As you can see, probate cases in Nevada can become incredibly complex. Therefore, you need an experienced Nevada probate lawyer by your side to overcome the common challenges faced during probate and accelerate the process.
The capable team of estate planning and probate attorneys at the Bourassa Law Group are at your service to handle every aspect of your probate case.
So, give us a call at 1-800-870-8910 for a free consultation, and let us help you fight for your rightful inheritance.
1-800-870-8910