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.

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

Senior Associate

Jones Vargas

2005 - 2008

Estate, Probate and Taxation.

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

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

Colorado

Colorado Supreme Court

ID Number: 28498

Since 1997

Nevada

State Bar of Nevada

ID Number: 5685

Since 1996

• Free Consultation
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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

Q. How to start probate with a will and executor outlined in Nevada, Clark county?

October 10, 2023

A: In short, if your are a DIYer, you will need to file an opening petition and notice of hearing on a petition. The Court Clerk will issue its version of a Notice of Hearing. You can get forms from Legal Services of Southern Nevada on the first floor of the Regional Justice Center in downtown Las Vegas.

If you are looking for an attorney to assist you, you may want to ask ChatGPT to list qualifications of a probate attorney in Nevada. Once obtained list of qualifications, then call/visit as many number of attorney candidates and sort it out.

I wish you well.

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 24, 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 19, 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