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  • Writer's pictureSarah Morris Ocampo

Planning for Your Estate: Do You Need a Probate Attorney?

Updated: Jun 13

As an attorney specializing in probate, estate planning, and business law in Las Vegas, I've come across a common question from clients - Do I even need a probate attorney? It's a valid concern and one that many people face when dealing with the process of transferring assets to the rightful heirs after someone passes away.

Firstly, it's important to understand that probate is a court process. It's the legal mechanism for transferring assets and property to the heirs of a deceased person. Probate is necessary when a person dies with assets solely in their name and without a beneficiary designation, as it ensures that all claims against the estate are settled, and the assets are distributed to the rightful heirs.

However, the need for a probate attorney depends on several factors. The first factor is the type of estate plan the person had. Did they have a will or trust, or did they have no estate plan at all? The second factor to consider is the person's assets. Are they easy to access, or are there assets that you cannot get a hold of? These are the most crucial factors in determining whether you need a probate attorney or not.

If there are assets that you cannot access, then it's likely that you might need a probate attorney to help you transfer them to the rightful heirs. You'll have to probate the estate to get the court to transfer the assets to you or the right family member. Therefore, it's essential to ask yourself - what are the assets? Can I get them or do I need help getting them? These are the number one questions to consider.

At Ocampo Wiseman Law, we understand that dealing with the loss of a loved one can be overwhelming, especially when it comes to their estate. That's why we offer a complimentary 15-minute phone call to discuss your situation and help determine if you need a probate attorney. You can schedule this call directly on our website or call our front desk to book an appointment.

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