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Posts tagged "Probate and Estate Administration"

What happens in the probate process

Some people might wonder what is involved in the probate process. A person must file a petition for probate. If there is a will, a Nevada court will decide whether it is valid. In some cases, family members might challenge the will. The court would then hear evidence to decide how to proceed.

What estate executors should expect

A Nevada resident who takes on the role of estate executor could have many different responsibilities. For instance, they must determine how much the estate is worth, arrange to pay taxes and distribute assets to beneficiaries. It may also be necessary to sell assets to pay outstanding debts that the estate may have. Executors must balance the wishes of the deceased person with the legal rights that creditors and beneficiaries may have.

Law places restrictions on use of estate funds by executor

Although people assigned as executors of estates in Nevada may use estate funds in a number of circumstances, the law prohibits executors from pursuing their own interests at the expense of the estate. Primarily, executors must not apply estate funds for the purpose of increasing or protecting their personal assets. Such actions would need to be self-funded by executors. Additionally, estate funds cannot be directed toward activities that would violate the interests of other estate beneficiaries.

Aretha Franklin's heirs will likely face estate taxes

The death of Aretha Franklin at the age of 76 saddened music fans throughout Nevada and the rest of America. Her passing also revealed that she did not prepare a will or any kind of estate plan. With an estimated fortune of $80 million, which includes illiquid assets like song copyrights and future royalties, her heirs will very likely owe the federal government 40 percent estate taxes on the portion of the fortune that exceeds the exemption of $11.18 million. The Internal Revenue Service will expect this tax payment within nine months.

Incorporating digital assets into an estate plan

It isn't uncommon for Nevada residents to have digital assets like social media accounts or digital currency holdings. Currently, 42 states have laws that allow executors to manage digital assets like they do physical assets such as a home. However, even if they have the legal authority to access a digital account, they will need to know how to get into it.

Tips for choosing the right person as estate executor

One important step for people in Nevada who are creating an estate plan is choosing the right executor. This person will be responsible for locating the will and other important documents, inventorying assets, paying taxes, distributing assets and doing any other tasks required to manage the estate. It is a responsibility that could last for two years or more.

Estate planning the right way

Creating a proper estate plan involves more than consulting with an attorney about various types of trusts, wills and estate planning strategies. Nevada residents who want to make sure that the wealth that they have accumulated is sustained long enough to benefit future generations should employ estate planning methods that go beyond conventional actions.

What a personal representative is responsible for

Nevada residents who are named as the personal representative of an estate have an important duty to carry out. Their responsibilities include collecting assets, paying bills and filing income and estate tax returns if necessary. They are also tasked with distributing money or other assets that remain in the estate to beneficiaries. Personal representatives could be liable if reckless or egregious actions are taken.

Understanding the probate process

When people in Nevada plan to create wills, trusts and other key estate documents, they are often most concerned with protecting their assets and ensuring that their family is cared for after their death. While the issue of probate comes up frequently when considering estate planning, many people do not know what exactly happens during the probate process. Understanding probate can help people make decisions about their estates and plan for the future distribution of their assets.