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Kirk Kaplan

Kirk Kaplan

Crest Key Legal and Accounting Partners
  • Probate, Estate Planning, Tax Law ...
  • Colorado, Nevada
Claimed Lawyer ProfileQ&ASocial MediaResponsive Law
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.

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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Professional Experience
Senior Associate
Jones Vargas
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Estate, Probate and Taxation.
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
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
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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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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Fees
  • Free Consultation
  • Credit Cards Accepted
    Visa and MasterCard Only.
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
Languages
  • English
Legal Answers
Q. I was in contract to purchase a house in probate. The house was sold to some one else in court. I had no representation.
A: The short answer to your question is: Likely not. Sale of real property through the probate process subject to court confirmation is ALWAYS subject to overbid in the in-court auction. Your signed contract, despite the estate accepting your offer, is still considered an "offer" only subject to court confirmation. Since you were not in court, another person/entity bid over the amount you offered and thus the court confirmed his/her/its purchase price. In re what you are about appearing. Any number of things could have gone wrong, which include, but is not limited to: 1) you were told exactly what your wrote, if so then the realtor you spoke to likely did not know what s/he was doing; 2) you did not listen completely to what happens and exceptions that allow another person/entity to bid higher than your offered purchase price; 3) you did not understand all explained to you; 4) you are lied to. There may be other reasons that cause you not to appear. I have never represented someone wanting to challenge a court confirmation of sale of real property, but I can imagine the cost and effort involved would likely be a lot. I wish you well.
Q. My dad owned a business, he passed and there's a questionable will.
A: I agree with Mr. Fromm's answer in large part. First, I assume you are posting the question on behalf of your mother, because otherwise you do not have standing in this matter. Next Nevada has a pretermitted spouse statute that essentially says will created before marriage, and a subsequent spouse is considered inadvertently omitted. There are a few exceptions, but sounds like your mother should visit with an experienced probate litigation attorney (not just an estate planning attorney because legal concepts are different). Also, your mother may have Nevada community property rights in the business. Next, just because your aunt is supposedly the named individual who is to receive the business, does not mean automatically she receives the business. The reason is a court must first confirm a Last Will and Testament. Last Wills and Testaments do not avoid probate - they just direct who is to receive probate property. Finally, consultation with an accountant is likely a waste of time and money. While accountants are many times trusted advisors, they (unless they are also an attorney) do not know what how probate works - period, and can cause more harm than good. I wish you will.
Q. Sister died with no will, divorced & deceased husband, no children, no real estate, small savings & credit card debt.
A: The Affidavit of Small Estates should work. First, you do not file the Affidavit of Entitlement. You, not your wife, should create the Affidavit of Entitlement and present the same to the applicable bank along with a certified copy of the death certificate and identification. The bank should transfer the money to you. Be sure to keep the receipts of the expenses of burial and cost to create the Affidavit. Then, since your sister's debts are greater than the account, for all the credit cards / debt outstanding, send a proportionate amount to each creditor of what remains. To create the Affidavit of Entitlement you must consider ALL ASSETS your sister left behind. If the total is greater than $25,000, then a Set Aside Estate procedure is applicable. Hope this helps. I wish you well.
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Websites & Blogs
Website
Crest Key
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
Tuesday: 8:30 AM - 5:30 PM
Wednesday: 8:30 AM - 5:30 PM
Thursday: 8:30 AM - 5:30 PM (Today)
Friday: 8:30 AM - 5 PM
Saturday: Closed
Sunday: Closed
Notice: Saturdays by appointment only.