Nevada Probate Law Practice Areas and Legal Definitions

Attorney J. Robert Parke is experienced in assisting clients with developing effective, goal-oriented estate plans and assisting with the administration of estates. Mr. Parke provides a superior level of estate, trust and business planning services with a high degree of compassion and respect for his clients as they face challenging decisions in the following areas:

Nevada Probate:

Probate is the court-supervised process to transfer property following a person's death. Although probate customs and laws have changed over time, the purpose has remained much the same: an individual formalizes intentions as to the transfer of his/her property at the time of death (typically through a Will) and, upon death, his/her property is collected, valued, maintained and, if necessary, sold, certain debts and expenses are paid from the estate and the remaining property of the estate is distributed accordingly.

Nevada Trusts:

Trusts are estate-planning tools that can replace or supplement Wills, as well as help manage property during life. A trust manages the distribution of a person's property by transferring benefits and obligations to different people. By maintaining assets in a Trust, it is often easier to minimize taxes and leave a larger inheritance. A Trust is also a way to provide a steady income to the beneficiary of the Trust over the course of time, rather than a lump-sum distribution. This strategy can reduce the beneficiary's tax and allow the Trust to grow through investment and keep Trust assets free from the creditors of the Trust's beneficiary. Trusts can also be established for the benefit of charitable organizations.

Nevada Estate Planning:

Good estate planning is more than just a simple Will. In addition to identifying how property should be divided and distributed at death, estate planning should address minimizing potential taxes and fees and making sure wishes are carried out regarding health care treatment and property management in the event of incapacity. A good estate plan also coordinates what happens to a home, investments, family-owned businesses, life insurance, employee benefits (such as a 401K plan) and other property in the event of incapacity or death and, if necessary, addresses asset protection planning.

Estate tax and other estate-related issues are hot legislative items, and new laws are enacted on a regular basis. A competent and experienced estate-planning lawyer is critical in assuring that your unique estate planning goals are understood and carried out.

Nevada Wills:

A Will is a written instrument containing directions on how the property of the testator (individual creating the Will) shall be administered, divided and distributed upon his or her death. Wills can also contain instructions regarding the care of minor children, gifts to charity and the formation of posthumous trusts. In order for a Will to be legally valid, the testator must be mentally competent and not acting under duress or under the controlling influence of another and, for a formal Will, the testator must sign the Will in the presence of at least two competent witnesses.

Nevada Will Contest Litigation:

A Will contest is a type of litigation that challenges the admission of a Will to probate. Issues likely to spur a Will contest include:

• Testator lacked mental capacity (senile, delusional or of unsound mind) at the time the Will was signed
• Testator was subjected to fraud, coercion or undue influence when creating the Will
• Ambiguities in the Will, or
• Will is forgery or does not conform to legal requirements as to the number and nature of witnesses

If the Will is thrown out (ie. not admitted to probate), the court may direct that the property of the decedent be distributed under Nevada's intestacy statutes (ie. the "Will" written by the legislature for persons who die without a Will) or admit a previous Will to probate, depending on the law and the specific facts and circumstances.

Nevada Probate Estates:

Generally, estates can be categorized into probate or non-probate property. Probate property is property that is transferred under the provisions of a Will. Non-probate property is property that is either jointly held and passes by right of survivorship, is directed by a beneficiary designation (such as for an IRA or a life insurance policy) or passes according to the terms of a trust.

Nevada Powers of Attorney:

Powers of Attorney are governed by the law of agency - a branch of the law concerned with the delegation of power from one person (the principal) to another (attorney-in-fact or agent). When a person becomes incapacitated, the government or the court often steps in and appoints someone to represent a person and make legal decisions that the person would have to make. One of the ways to avoid government or court intervention and the appointment of a stranger to act as your guardian is to use a Power of Attorney. A Power of Attorney is a written document stating that one person gives to another the full power and authority to represent him or her, and it can be general or limited in scope. A Power of Attorney can cover health care decisions or property management and financial decisions.

If you (or someone you know) in Reno or Sparks, Nevada, or within the surrounding areas in Washoe County, or in other parts of Northern Nevada (including, but not limited to Carson City, Douglas County, Churchill County, Storey County, Lyon County, Pershing County or Humboldt County), need the assistance or legal counsel of an experienced estate and trust lawyer, contact Attorney J. Robert Parke today at 866-271-2212, or use the contact form provided on this site to schedule your initial consultation.

Nevada Probate Frequently Asked Questions

What is Probate?

Probate is the court process whereby a deceased person's Will is established as his/her valid last Will. Once a Will is proven, it is admitted to probate and the court-supervised administration of the decedent's estate is commenced. The probate of a Will and the administration of a decedent's estate require the filing of particularized and complicated court pleadings and other legal documents. Attorney J. Robert Parke has particular expertise and experience in the area of probate and estate administration, can promptly respond to your questions and inquiries and assist you with the probate and estate administration process in a professional, courteous and timely manner. If an Estate Tax Return (Form 706) is required, Mr. Parke has the expertise and ability to assist with taking care of this important tax requirement. The probate matters as to which Mr. Parke can provide assistance include, but are not limited to, the following:

• Probate of Wills and Administration
• Intestate Administration
• Guardianships
• Preparation of Estate Tax Return (Form 706)
• Preparation of Fiduciary Income Tax Return (Form 1041)
• Will and Trust Contests
• Trust Administrations

How is a Will probated?

The following is a simplified outline of the general probate process:

• The original Will is deposited with the Court.
• An interested person, usually the person designated in the Will to act as Executor, files a Petition for Probate of the Will. If the decedent died intestate (ie. without a Will), an interested person, usually an heir of the estate, files a Petition for Intestate Administration.
• The Executor named in the Will is confirmed by the court or, for a person who dies without a Will, an Administrator is appointed by the court. Executors and Administrators are commonly referred to as Personal Representatives.
• Creditors of the decedent can file claims against the Estate. This includes anyone to whom the decedent was indebted (such as credit card companies, mortgage holders, judgment holders, persons owed fees and costs from providing medical services, taxing authorities, etc).
• During the administration of the Estate, the Personal Representative must identify, collect and value the assets of the Estate. To do this, the Personal Representative locates all of the decedent's bank and investment accounts, real property, vehicles, etc. and determines all amounts owed to the decedent at the date of the decedent's death. The Personal Representative also must maintain the assets in good condition, which consists of maintaining insurance coverage, collecting rent, protecting assets from theft or damage, etc. The Personal Representative may also liquidate assets such as cars, real property, etc. during this time, but court approval is often necessary to sell assets of the Estate.
• When the period within which creditors may file a claim against the Estate has expired (60 to 90 days from the date of notice to creditors), and when all assets have been collected, property sold (if necessary), and assuming no problems have arisen (such as the Will being contested, disputed creditor claims, etc.), the Personal Representative then files a petition with the probate court to request the court's approval to pay certain administrative expenses and to distribute all remaining assets to the beneficiaries/heirs. With that petition, the Personal Representative also files a detailed accounting with the court setting forth all monies received, monies disbursed, how assets were invested and the proposed plan for distribution.
• If the court approves the plan for distribution, the Personal Representative then divides and distributes the remaining assets of the Estate as instructed in the Will, or as required by statute if no Will exists.

The probate process can be complicated. The amount of time that is necessary to settle an Estate can range from approximately four months to several years. Reasons for delays include Will contests, the complexity of the assets comprising the estate, contentious beneficiaries, property cannot be sold, tax-related matters, creditor issues, etc.

Are there different types of Wills?

There are many types of Wills:

• A Formal Will is typed or on a preprinted form, signed by the testator and properly witnessed.
• A Holographic Will is entirely handwritten, dated and signed by the testator.
• A Living Will, Medical Directive or Health Care Directive authorizes the continuance or cessation of life-sustaining medical treatments for an individual who is incapable of making decisions due to being incapacitated.

Who should make a Will?

Every adult person should consider making a Will. Each year a large number of people die without a Will, leaving major decisions in the hands of the State of Nevada. Wills are especially important for parents of children who are under eighteen, as arrangements for the children's financial support and/or appointed guardian can be directed by the parent in the parent's Will. Without a Will, any property distributed to minor children could be subject to an expensive court-appointed guardianship, which could greatly affect the child's inheritance. Also, depending on whether property is characterized as community property or separate property, if a deceased person was married and childless at his/her death, the decedent's parents or other relatives could split the decedent's property with the decedent's spouse if not alternatively predetermined in a Will.

How does a Trust work?

A Trust is an arrangement by which a person as grantor transfers legal ownership of property to himself/herself as trustee (or to another a person or institution as trustee) to manage the property for the benefit of the grantor (or another person) as beneficiary of the Trust. Trusts create a fiduciary relationship between the trustee and the beneficiary, and the trustee must act solely in the best interests of the beneficiary when dealing with the trust property. If a trustee does not live up to this duty, the trustee is legally accountable to the beneficiary for any damage to the beneficiary's interests.

What about Health Care Provisions and Powers of Attorney?

Nevada allows for the delegation of decision-making power to cover health care issues, including the withholding or withdrawal of life support treatment, by means of a Power of Attorney for health care. Through this Power of Attorney, you have the right to designate an agent who can make treatment decisions for you in instances where you cannot make your own decisions because of a medical or mental condition.

In addition to health care considerations, it is also important to have a Power of Attorney available to handle various legal and financial matters in the event you become mentally incompetent. For example, a surviving spouse can be given a Power of Attorney to handle his/her incompetent spouse's salary checks, social security benefits and to make other legal and financial decisions.

What are Estate (Death) Taxes?

Estate taxes may apply to your estate at your death if you have a taxable estate for estate tax purposes. Your taxable estate is your gross estate less allowable deductions. Your gross estate includes the value of all property in which you had an interest at the time of death. In addition to bank accounts, investment accounts, retirement accounts, real property and tangible personal property, your gross estate will also include the value of other property interests such as the following:

• Life insurance proceeds on your life if you owned the policy or have enough control over the policy to be deemed to own the policy
• The value of certain annuities owned by you and made payable to your estate or persons you designate as beneficiaries
• The value of certain property you transferred within 3 years before your death
• The value of property held in a Trust (established by you or, in some instances, others) as to which you have certain powers at your date of death

The allowable deductions used in determining your taxable estate include:

• Funeral expenses paid out of your estate
• Debts you owed at the time of death
• The marital deduction (generally, the value of property that passes from your estate to your surviving spouse)

If you (or someone you know) in Reno or Sparks, Nevada, or within the surrounding areas in Washoe County, or in other parts of Northern Nevada (including, but not limited to Carson City, Douglas County, Churchill County, Storey County, Lyon County, Pershing County or Humboldt County) need the assistance or legal counsel of an experienced estate and trust lawyer, contact Attorney J. Robert Parke today at 866-271-2212, or use the contact form provided on this site to schedule your initial consultation.

Professional Biography of Reno, Nevada Estate Planning Attorney J. Robert Parke

Attorney J. Robert Parke meticulously composes comprehensive Wills, trusts and other estate planning documents. Also, in probate or trust litigation matters, Mr. Robert Parke seeks a prompt and successful resolution to the dispute and works hard to protect and advance his client's interests and rights in an efficient and professional manner.

Please call Attorney J. Robert Parke today at 866-271-2212, or complete the contact form provided on this site to schedule your initial consultation.

Firm Address:
Law Office of J. Robert Parke
1875 Plumaf St. Suite 1
Reno, NV 89509
Telephone: 866-271-2212

J. Robert Parke, Attorney

A native of the State of Nevada, J. Robert ("Rob") Parke, Esq., is a graduate of the University of Nevada and the McGeorge School of Law. He is a member of the State Bar of Nevada and the State Bar of California, he received his license as a Certified Public Accountant from the State of California and is admitted to practice in the U.S. Tax Court.

Areas of Practice:

• Estate Planning
• Estate Tax, Gift Tax, Generation-Skipping Transfer Tax and Income Tax Planning
• Wills
• Trusts
• Probate, Probate Estate Administration and Intestate Estate Administration
• Trust Administration
• Durable Powers of Attorney
• Living Wills (Advance Directives)
• Lifetime Gift Planning
• Guardianships
• Will Contests and Trust Contests
• Trust Reformations
• Family Business Succession Planning
• Formation of Limited Liability Companies, Corporations and Partnerships
• Business Transactions (eg. purchases and sales of businesses, mergers, entity conversions, etc.)

Courts Admitted:

• State of Nevada, 1991
• U.S. District Court, Eastern District of California, 1990
• U.S. Tax Court, 1997
• State of California, 1990

Professional Licenses and Certifications:

• Nevada State Bar, 1991
• California State Bar (inactive), 1990
• Certified Public Accountant ( California, inactive), 1991

Education:

• University of the Pacific, McGeorge School of Law, J.D., 1990
• University of Nevada, Reno, B.S.B.A., 1985
  • Accounting & Information Systems Major
  • Honor Society of Phi Kappa Phi
  • Honor Roll and Dean's List
  • Beta Alpha Psi National Honorary Accounting Fraternity (key offices held)
  • Beta Alpha Psi Outstanding Service Award and Scholarship
  • Sigma Nu Fraternity (key offices held)
  • National Business Merit Society
  • Earl Wooster High School Outstanding Business Student Award and Scholarship

Professional Memberships:

• Estate Planning Council of Reno, Nevada
• Washoe County Bar Association
• Probate Bar Association of Washoe County
• American Bar Association
  • Real Property Section
  • Probate Section
  • Trust Section
• Nevada State Bar
• American Institute of Certified Public Accountants, 1991-1997
• California State Bar Association (inactive)

Civic Affiliations:

• Sigma Nu Fraternity
  • Alumni Association 1985-present
  • Member, Delta Xi Chapter's Legion of Honor
  • Former Member Delta Xi Housing Corporation, Board of Directors 1995-2006
    
  • Former Delta Xi Chapter Financial Advisor 1995-2006
• River City Small Business Chamber of Commerce ( Sacramento), 1993-1994
• Active 20/30, Sacramento #1, 1991-1993

Professional Experience:

• Law Office of J. Robert Parke (Reno, NV)
  • Lawyer practicing primarily in the areas of federal income, estate and gift taxation, estates and trusts, probate, general business law (including corporations, partnerships, limited liability companies, charitable organizations and business transactions) and general real estate law.
• Law Offices of Avansino, Melarkey, Knobel & Mulligan ( Reno, NV)
  • Lawyer practicing primarily in the areas of federal income, estate and gift taxation, estates and trusts, probate, general business law (including corporations, partnerships, limited liability companies, charitable organizations and business transactions) and general real estate law.
• Hale, Lane, Peek, Dennison and Howard, Attorneys and Counselors at Law (Reno, NV)
  • Lawyer practicing primarily in the areas of federal income, estate and gift taxation, business law and real estate law.
• Coopers & Lybrand, L.L.P. (now PriceWaterhouse Coopers), Certified Public Accountants (Sacramento, CA)
  • Tax Manager responsible for managing tax compliance, tax planning and tax representation engagements; supervising and training senior and junior associate tax accountants; performing legal research and tax planning; and drafting legal memoranda and correspondence to tax authorities and clients.
  •  Experience in federal and state income taxation of C-corporations, S-corporations, partnerships, trusts, estates, individuals and tax-exempt organizations; federal estate and gift taxation; and state franchise, excise and sales/use taxation.
    
  • Industry Experience
    • Financial Services
    • Insurance and Insurance Sales/Administration
    • Manufacturing
    • Natural Resource Development
    • Real Estate Development and Rental Real Estate
    • Retail/Wholesale
    • Tax-Exempt Organizations