Our Practice Areas
Estate Planning
Wills, Trusts, Power of Attorney & Healthcare Directives
A will, also known as a last will and testament, is a legal document that states who is in charge after someone dies, and how a person wants their assets distributed after they die. A will can also name guardians for children. However, even with a will, most assets will have to go through the probate process before being distributed to the beneficiary. If you want to avoid probate, Nevada law allows the creation of a trust to avoid the necessity of probate following someone's passing. Power of attorney and health care directives ensure a trusted individual can make financial and medical decisions for you if you are incapable of making those decisions for yourself, while also avoiding the costly and time-consuming adult guardianship process.
Probate
Probate is the court process that you must follow to transfer or inherit property after the person who owned the property has passed away. All of the property owned by the deceased person is called the person’s “estate.” If you need to go to court, this is commonly called "going through probate." Except for limited situations, a person's estate must go through probate even if they had a will.
Trust Administration
Navigating probate litigation can be challenging, especially when disputes arise over wills and trusts. Our legal team at The Funk Firm is well-equipped to handle complex probate disputes, including will contests and trust litigation. We are dedicated to protecting our clients' interests and ensuring that their loved ones' legacies are honored.
Trust and Estate Litigation
Trust and estate litigation refers to disputes surrounding a person’s trust or estate, regardless of whether there is a will (testate) or not a will (intestate). Examples include breaches of fiduciary duty of a trustee, capacity or undue influence. These types of disputes often involve changes made to a will or trust very shortly before someone dies, or a trustee not doing what they are supposed to under the trust or Nevada law.