Kirk Kaplan

Every estate plan will be implemented, even the one you fail to create. Your goal should be to create a plan to speak for you when you cannot toward maintaining harmony among everyone important to you and minimizing the most likely unintended beneficial interest in your estate - lawyers.

I am passionate about helping people create and enforce their estate plan with a focus to exclude lawyer predators. Here is why: My over 20 years of practicing law and accounting has revealed a common theme that runs through all trust litigation--legal formality during incapacity and after death OFTEN UNDERMINES family understandings that predatory lawyers exploit. Failing to account for family understandings many times causes catastrophic plan failures that unintentionally favor a child to the detriment of other children and their attorneys, and usually causes significant financial and psychological strain on all involved. For example, people are surprised to find out provisions in a trust to protect a child from a creditor like a credit card company will be used by that child as a reason not to repay amounts the child owes a parent after the parent dies. Situations like this are addressed in estate plans clients create with me. Attorneys for these children also advocate the anti alienation clause does not apply and therefore should be paid from the trust estate. We address this issue head-in to prevent lawyers from benefiting from your estate.

A significant part of estate planning is helping people discover and address family understandings to eliminate or mitigate family distress after death. Find a firm with litigation and accounting experience that brings strategic and analytical focus to bear dispensing with clutter towards finding solutions with clear direction for your estate plan to mitigate common traps and reduce or eliminate potential challenges so your interests are protected now and in the future.

Probate

Probate Administration, Probate Litigation, Will Contests

Estate Planning

Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills

Tax Law

Business Taxes, Criminal Tax Litigation, Estate Tax Planning, Income Taxes, International Taxes, Payroll Taxes, Property Taxes, Sales Taxes, Tax Appeals, Tax Audits, Tax Planning

Business Law

Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

• Trust Litigation

• Free Consultation
• Credit Cards Accepted
  Visa and MasterCard Only.

Colorado

Colorado Supreme Court

ID Number: 28498

Since 1997

Nevada

State Bar of Nevada

ID Number: 5685

Since 1996

Senior Associate

Jones Vargas

2005 - 2008

Estate, Probate and Taxation.

Western Michigan University Cooley Law School

J.D. (1996)

1996

Honors: Cum Laude

Regis University

B.S. (1986) | Accounting and Business Administration

1986

Honors: Cum Laude

AV Preeminent Rated

Martindale-Hubbell

2019

Top Lawyer

Desert Companion Magazine

2014

Colorado Bar Association Public And Legal Services

Member

1997 - Current

Nevada State Bar  # 5685

Member

1996 - Current

American Institute of Certified Public Accountants

Member

1990 - Current

Nevada Society of Certified Public Accountants

Member

1990 - Current

Estate Planning in Nevada

DC Publications

2015

What Do I Do After My Loved One Dies: How To Probate An Estate In Nevada

DC Publication

2015

Sale of Probate Property in Probate, Guardianship and Powers of Attorney, FIRPTA, las Vegas, Nevda

January 19, 2022

Crest Key Legal and Accounting Sponsored

Best practicus to expedite sales of real property and minimize court involvement.

Probate In Nevada and Foreign Investment In Real Property Transfer Act, Las Vegas

September 17, 2019

Fidelity National Title Company

Certified Public Accountant

Nevada State Board of Accountancy

1990

Q. Can I withdraw funds from my recently deceased dad's fiduciary bank account if I'm on it & no one else will contest it?

January 25, 2023

A: Appears your father died with a guardianship over his person and property. If so, final pleadings advising the guardianship court of his death. This will close out the guardianship. If your father died with the bank account you say no one else has an interest in the account, and you are not a pay on death devisee. Nevada law says the account is subject to probate, along with other assets with just his name thereon, and which have no pay on death designation. You take great risk taking the account without a court order causing significant negative effects upon you is someone does have a valid claim on your account, and where you have not paid your father's creditors. Your comment: "I am trying to avoid attorney fees, etc.,. . . " say your are stepping over dollars to save a few cents. The legal fees people spend in your position to get clear title typically go a long way to giving you peace of mind. Ultimately that is your call. ... Read More

Q. I live in nevada but my father died 5 days ago in Cairo egypt. How do I get my Inheritance and life insurance policy's

November 23, 2022

A: An attorney familiar with Egyptian law will very likely provide a much better answer than I will. But just in case one does not leave an answer, maybe my answer will be a good start. In the US, the laws governing how property passes to heirs/descendants, depends upon residence of the deceased at death. In other words where did the deceased reside when s/he died? The law existing where the deceased died governs how personal property (things you can pick up, including cash and securities) pass to surviving heirs/descendants. Also governing law may allow for an instrument to dispose of property; in the US and many parts of the world this instrument is known as a Last Will. So the direction this is all going, is you should attempt to contact the equivalent of an attorney focusing on property conveyance at death in Egypt.

In re the life insurance policy, you will need to determine the company your father was insured through and file a claim.

I hope this helps. ... Read More

Q. Can you sue an administrator of a probate because you were never notified of the death. They sold house.

October 10, 2022

A: I am so sorry to read what you father did to you. I suspect, but do not know for sure, you have no cause of action against the administrator. Other colleagues of mine may think differently. Here is what I think happened: Your father placed your step-mother on title as joint tenants with rights of survivorship. That way she got the house at his death. Whether you father understood his action, his naming your step-mother as a joint tenant disinherited you. By operation of law, she was the survivor, and thus received the full title to the house without probate. To check out whether my suspicion is correct, you will need to find the deed that was vested (recorded) at the date of your father's death. You can navigate to the Washoe County Assessor's office website and find the deed for the house.

Typically, people do this in order to be sure their spouse gets the residence if the other dies. Seldom do people consider the consequences to the family, people like you, for their actions. May times people similar to your father, have a belief their second spouse will take care of his children - and I sad to write, the surviving spouse typically does not. Instead the surviving spouse passes the property along to her children. People unintentionally set their family on fire because they rely upon unproven beliefs, misc information from friends or from non legal authorities, and simply to avoid paying "expensive" attorney fees. For a fee of a few thousand dollars, your father could have taken care of your mother-in-law and taken care of you - all at the same time.

If what I believe happened to you is true, the most you can do is learn from your father's mis-step and do not do follow his mistake by disinheriting your children / family.

Again, I am sorry to have read your circumstance. I wish you well. ... Read More