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Kirk Kaplan

Kirk Kaplan

Crest Key Legal and Accounting Partners
  • Probate, Estate Planning, Tax Law ...
  • Colorado, Nevada
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Biography

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.

Practice Areas
    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
Additional Practice Area
  • Trust Litigation
Fees
  • Free Consultation
  • Credit Cards Accepted
    Visa and MasterCard Only.
Jurisdictions Admitted to Practice
Colorado
Colorado Supreme Court
ID Number: 28498
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Nevada
State Bar of Nevada
ID Number: 5685
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Languages
  • English
Professional Experience
Senior Associate
Jones Vargas
-
Estate, Probate and Taxation.
Education
Western Michigan University Cooley Law School
J.D. (1996)
Honors: Cum Laude
Western Michigan University Cooley Law School Logo
Regis University
B.S. (1986) | Accounting and Business Administration
Honors: Cum Laude
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Awards
AV Preeminent Rated
Martindale-Hubbell
Top Lawyer
Desert Companion Magazine
Professional Associations
Colorado Bar Association Public And Legal Services
Member
- Current
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Nevada State Bar  # 5685
Member
- Current
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American Institute of Certified Public Accountants
Member
- Current
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Nevada Society of Certified Public Accountants
Member
- Current
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Publications
Articles & Publications
Estate Planning in Nevada
DC Publications
What Do I Do After My Loved One Dies: How To Probate An Estate In Nevada
DC Publication
Speaking Engagements
Sale of Probate Property in Probate, Guardianship and Powers of Attorney, FIRPTA, las Vegas, Nevda
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
Fidelity National Title Company
Certifications
Certified Public Accountant
Nevada State Board of Accountancy
Websites & Blogs
Website
Crest Key
Legal Answers
7 Questions Answered
Q. In Nevada, when determining the estate value, does that include the house that is going to surviving spouse?
A: Probate is about clearing title of the name of the deceased from property the deceased owned individually - not with someone else like Joint tenancy WROS, so the answer is no.
Q. Is it better to file a quitclaim deed or to buy my mom’s house?
A: Neither is a good idea. The first reason is quitclaim deed is just a method of transfer of real property - it alone does not trigger a tax savings technique. Sale of the residence for a minimal amount will trigger a gift subject to gift tax reporting for any value sold for less than the FMV (usually determined by obtaining an actual appraisal - not a broker estimate). Then, and only then will you received her basis in the property - usually what she bought it for. So for example you purchase the house from her for $10 and the FMV of the house is $200,000, you mother will have a gift ax reporting requirement the IRS of $183,890 (200,000-10-16,000 annual exclusion). To obtain actual tax saving advise and effective methods of "making sure [you] get the house" you should consider seeing an estate planning attorney who has tax knowledge (like who also is CPA). I wish you well.
Q. Does a living trust destroy a joint tenancy in Nevada?
A: A joint tenant creating as revocable living trust along does not destroy a joint tenancy. What destroys the joint tenancy is a joint tenancy drafting a deed removing his/her interest as a joint tenant. So the action of joint tenant signing a deed (s/he along can sign) conveying a her/his interest to her/his living trust or to any other person or entity is what breaks the joint tenancy.
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Contact & Map
Crest Key Legal and Accounting Partners
6980 O'Bannon Drive, Suite 100
Las Vegas, NV 89117
Telephone: (702) 202-4153
Fax: (702) 837-1879
Monday: 8:30 AM - 5:30 PM (Today)
Tuesday: 8:30 AM - 5:30 PM
Wednesday: 8:30 AM - 5:30 PM
Thursday: 8:30 AM - 5:30 PM
Friday: 8:30 AM - 5 PM
Saturday: Closed
Sunday: Closed
Notice: Saturdays by appointment only.