If you are a gun collector, or maybe just a gun owner, you may be wondering, what is the best way to pass on your firearms to your heirs? You may have even heard of a gun trust, a specific type of trust designed to address to the unique laws applicable to firearms. A gun trust can be beneficial in handling the inheritance of certain types of weapons, especially those that are governed by federal and state regulations. At the very least, you want to keep your heirs from inadvertently violating the law.
Whether it is necessary to place certain weapons in a gun trust depends on the type of weapon and whether it is regulated. There are two federal laws that might apply: the National Firearms Act of 1934 (NFA) and Title II of the Gun Control Act of 1968, which revised the NFA. NFA weapons include machine guns, silencers, short-barreled rifles, and short-barreled shotguns (including sawed-off shotguns), grenades, and other similar weapons.
Under federal law, NFA weapons are required to have a serial number and be registered with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, commonly referred to as the ATF. An NFA firearm can only be possessed and used by the registered owner. For this reason, special arrangements need to be made in order to pass these weapons on to someone else. The catch is, if such a weapon has not already been registered, it cannot later be registered and is illegal to own. To transfer a registered firearm, the owner must obtain ATF approval and pay a $200 tax on most transfers. It also requires receiving permission from the local chief law enforcement officer (CLEO) and being fingerprinted and photographed.
There are several advantages to utilizing a gun trust. First, the trust can help you to avoid certain federal transfer requirements. For example, if you name more than one trustee of your gun trust, each of those individuals will have the right to possess or use the trust firearms. Also, you can draft your trust in a way that it remains in effect after your death. Since the firearms remain in the trust at your death, the need to transfer those firearms is avoided. In other words, your heirs will not be required to pay the $200 transfer tax and satisfy the other transfer requirements.
The typical executor is not familiar with the various rules and regulations governing ownership and possession of NFA and other weapons. That means, without proper guidance, your executor could violate criminal laws by transferring a weapon in your estate without going through the proper procedure. An executor could also make a mistake by taking or sending an NFA weapon to a state where it is prohibited or giving it to a person who is not permitted by law to own that weapon. However, if you use a gun trust, those issues can be handled ahead of time.
The Gun Control Act makes it unlawful for certain individuals to possess firearms. For instance, the following categories of people are restricted from possessing firearms, among others:
A gun trust is different from the common revocable living trust. A simple living trust provides for the transfer of trust assets without going through probate court. This generally saves time and money after your death. A living trust often terminates shortly after your death, after the trust assets have been distributed to your heirs.
A gun trust, on the other hand, commonly has multiple trustees and is intended to last for more than one generation. Gun trusts must also take into account state and federal weapons laws. For these reasons, it is important to consult a lawyer who has significant experience with the applicable state and federal laws governing the legal use and possession of weapons and how they must be transferred.
If you have questions regarding gun trusts or any other estate planning needs, please contact Anderson, Dorn & Rader, Ltd., either online or by calling us at (775) 823-9455. Attend a free Webinar!
In the event you become unable to make decisions about your own medical care, due to illness, injury, advanced age or some other reason, having the right legal documents in place can be a lifesaver. Simply writing down your wishes ahead of time may not be enough because you cannot anticipate every situation. You also need to select someone you trust to manage your care, instead of relying on a doctor, estranged relative, or even a judge, none of whom are likely to be aware of your preferences. Consider a medical power of attorney.
In order to accomplish a comprehensive medical power of attorney in Nevada, you need three different types of health care documents: the durable power of attorney for health care, a living will, and a HIPAA authorization form. The durable power of attorney for health care allows you to select someone you trust to manage your health care when you are unable to do so, based upon predetermined statements of your desires. That person you appoint is your “agent” for all medical decisions that need to be made during your incapacity. The second document, the living will, allows you to specify in writing the type of medical treatment you agree to receive (or not receive) in certain situations. This can include “do-not-resuscitate” orders and other living saving procedures. The HIPAA authorization form allows you to identify all people that you wish to receive your medical information that would otherwise be protected under HIPAA laws and regulations.
The person you select to make your health care decisions is called your agent. It is common for people to name a spouse, partner, relative, or close friend as an agent. However, in Nevada your agent may not be:
These restrictions do not apply to your spouse, legal guardian, or next of kin, however. So if your spouse happens to be employed at a health care facility, the restriction would not apply.
Despite the name, a living will is nothing like a conventional will (also commonly referred to as your "last will and testament"). It does not address the disposition of your property or assets upon your death; it only provides instructions regarding your health care preferences. It can be as general or specific as you want it to be, as long as it provides sufficient information to health care providers about your preferences. Generally, most living wills will be a directive to your physical to cease or not provide life-prolonging or life-sustaining treatment if the patient has a permanent, terminal, and irreversible condition that will cause the patient's death within a relatively short period of time. This can avoid the family arguing over whether you would have wanted them to "pull-the-plug" or not.
In order to create a legally valid power of attorney or living will, you must be considered “legally competent.” In this context, competency refers to mental capacity, age and maturity. In order to enter a legally binding agreement, you must have reached the age of majority established for your state. In Nevada, the age of majority is eighteen (18). This requirement is based on the presumption that individuals who are still immature are too inexperienced to understand or properly execute a contract or legal document.
A power of attorney for health care is typically drafted so that it goes into effect once a physician has determined you are incapacitated and unable to make your own health care decisions. Lacking capacity generally means that either you can no longer understand the nature and consequences of the health care choices that are available to you, and/or you are unable to communicate your own wishes for care, either orally, in writing, or through gestures. In other words, if you are so ill or injured that you cannot express your health care wishes, your power of attorney or living will spring into effect immediately. If, however, there is some question about your ability to understand your treatment choices and communicate clearly, your doctor (with the input of your health care agent or close relatives) will decide whether it is time for your health care documents to become operative.
In Nevada, you can authorize your health care agent to take over your medical care immediately upon execution of the document, which is preferable since accidents can never be foreseen. In the event of something happening, there will be no need for a physician to determine whether you are incapacitated or not. Instead, you agent will have the ability to step in and make decisions on your behalf at any time. As long as you are competent, you will still be able to dictate your own medical care. Regardless of when the document goes into effect, your health care agent is always required to act in your best interests and follow your health care wishes as you have expressed them.
If you have questions regarding a medical power of attorney, or any other elder law issues, please contact Anderson, Dorn & Rader, Ltd., either online or by calling us at (775) 823-9455. If you are in the Reno, NV area, be sure to schedule an appointment to speak with us about a Reno power of attorney for your medical needs!
Trusts are a key element of every good estate plan. Knowing which type of trust you should have is also key, and the most popular type of trust is a Revocable Trust (also commonly called a Living Trust). It is often necessary to review and revise your trust to address changes in your finances, family, and other aspects of your life, and the need to change the terms of your trust can arise more than once throughout your lifetime. For clients who create revocable trusts, it can be easily amended or revoked whenever necessary, and the flexibility of a revocable trust is one of its greatest benefits.
There are several different types of trusts, but they are all basically categorized as either revocable or irrevocable. There is a very important difference between a revocable and irrevocable trust. A revocable trust permits the grantor(s) (the person(s) creating the trust) to make changes to the terms of the trust. You can also revoke the trust altogether, at any time, during your lifetime. Once you pass away, the trust usually becomes irrevocable. Because revocable trusts can be modified when your life circumstances or intentions change, they are very flexible estate planning tools. With a revocable trust, the trustee takes over only upon your death or incapacity.
An irrevocable trust is different because, by definition, it cannot be modified once it has been executed. Despite the fact that irrevocable trusts cannot be modified, there are a great many benefits to this type of trust. Because the trust is irrevocable, the assets are basically out of the reach of estate taxes, probate court, and in some cases, your creditors. Though you may lose control of your assets, you gain favorable tax consequences and other protections.
In order to enjoy true asset protection, your trust must be irrevocable. That is because, after your money has been transferred to the trust, it is no longer considered your money. In other words, it is no longer subject to your creditors. Note, however, that there are certain exceptions for fraudulent transfers, and there are certain look-back periods that might make those assets available to creditors. Contrarily, with a revocable trust, if you maintain the right to amend the trust and have the authority to transfer the assets back to your control, then a creditor can still reach those assets.
There are generally two ways to modify a revocable trust. It can either be amended or restated. Revoking a trust is usually more complicated because the property included in the trust has already been transferred and must be transferred again. This adds complexity, time, and cost when changing a revocable trust and is not generally recommended. It is important to understand the state laws that govern your trust, and a qualified attorney should be able to review your trust documents to help determine if anything needs to be updated. That way, you can ensure your amendment or restatement will be valid.
There are some situations where an amendment is sufficient to account for changes in your life. For example, if you get married or have a baby, or when you have a substantial increase in your trust property, then an amendment could do the job to make sure your goals are met. If your beneficiaries change, either because someone has died, or you changed your mind about who you want to inherit a particular piece of property, then an amendment can update these parts of your trust without affecting the rest of the documents. Additionally, if there have been minor changes in the law that would not otherwise affect the majority of your trust, an amendment can specifically identify and update those terms of your trust to reflect the most current law and legal practices.
Adding amendments to an existing trust can often be the simplest way to modify your trust, but amendments can become confusing. When amending a trust, an attorney must first look to the original trust document, and every subsequent amendment, to make sure the proper language is in your trust agreement. If you have made multiple amendments to your trust, it can be a nightmare to track each change through each separate legal document. Other times, the changes needed will require amending large portions of your trust, which adds times, cost, and complexity. One solution is to restate an existing trust without revoking the trust entirely; in other words, start over from scratch in writing the trust agreement. That way, you can simply include the necessary changes, while keeping the original date of the trust. Then, the trust property that is already held in the trust will not need to be transferred again.
Creating a shared trust with a spouse is quite common. With a shared trust, either you or your spouse has the authority to revoke the trust as long as you both are alive. If you decide to amend or restate the terms of the trust, both you and your spouse must agree to those changes in writing. Shared trusts can be drafted a number of different ways, so that after the death of one spouse the trust can either limit the surviving spouse's ability to amend the trust, or it can provide complete flexibility allowing the surviving spouse to amend the entire trust.
If you have questions regarding revocable trusts, or any other estate planning needs, please contact Anderson, Dorn & Rader, Ltd., either online or by calling us at (775) 823-9455.
You are probably not surprised that contesting a will is very common. Regardless of the desire to eliminate family disputes about who should receive what, they are often inevitable. You can take certain steps to avoid them and your estate planning attorney can help.
There are generally four different legal bases for challenging the validity of a will. The four grounds include:
Each of these grounds can be difficult to prove. Contesting a will can also be a very expensive court process, yet that fact does not discourage everyone.
State law regarding wills in Nevada govern the specific requirements for a valid will. The document must be signed by the testator (person creating the will) and by two witnesses who must be present during the execution of the will and each signature. Many will contests challenge the authenticity of the signatures. The validity of the will may also be challenged when a required signature is absent.
A will cannot be validly executed if the testator lacks the required testamentary capacity. In Nevada, the term "incapacity," which would prevent a testator from executing a valid will, is defined as follows:
“Incapacitated person” means a person who is impaired by reason of mental illness, mental deficiency, advanced age, disease, weakness of mind or any other cause except minority, to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions.
Even if in cases of temporary incapacity, it is necessary to establish that the testator was not incapacitated at the time the will was executed. Proving incapacity can be difficult to do in most cases and pursuing this avenue of contesting a will is often expensive.
Regrettably, there are many situations where it is suspected that undue influence or coercion have been used to coerce a testator into either creating the will or including certain provisions in the will. This is a common challenge when there is evidence that the testator may have been emotionally vulnerable in some way. Indeed, as we age it is possible to lose some mental faculties, which may then be exploited by someone close to us. As with showing incapacity, proving undue coercion can be hard.
Deception is a major issue in creating wills. Like undue coercion, fraud in the creation of a will is also an issue. A will may be challenged by evidence that the testator may have been tricked into signing the will or including terms in the will that the testator did not intend. For example, a testator may be given a document that is represented to them as a deed or power of attorney, when in fact it is a will. The problem with proving fraud is that the primary witness, the testator, is no longer around to testify. The witnesses to the will become extremely important.
If you want to be sure that your family won't waste time contesting a will after your death, you might want to consider creating what is called a "self-proved" will. This specific type of will, recognized in the state of Nevada, takes the guesswork out of will authenticity. You simply sign your will in the presence of a notary. Your witnesses sign in front of a notary, as well. Additionally, you and your witnesses need to sign a notarized affidavit that sets out who you are and confirms the fact that each of you knew you were signing the will. This affidavit is always kept as a separate document.
The greatest benefit in using a self-proving Will, in addition to preventing contests, is that it speeds up the probate process. The probate court does not need to obtain testimony from the witnesses in order to prove the Will's validity, which makes the process faster.
Please join us for a free Webinar! If you have questions regarding your last will and testament or any other estate planning needs, please contact Anderson, Dorn & Rader, Ltd., either online or by calling us at (775) 823-9455.
While most of us would probably be excited to receive news of an inheritance, that is not the case for everyone. The reality is there may be certain situations where receiving an inheritance is not in your best interest. There are many different reasons this may be the case. So, you may find yourself wondering how to reject an inheritance. This can be an important part of inheritance planning.
The answer is yes, you can reject an inheritance. However, it is a bit more complicated than simply telling the executor you don’t want it. Certain rules must be followed if you want to ensure that you never legally become the owner of the property. First, the disclaimer must be put in writing and delivered to the person who is in control of the estate. That would typically be the personal representative or trustee. In most cases, the disclaimer should be completed within 9 months of the person’s death. The most important thing to remember is that you cannot accept any benefit from the property you are rejecting.
If one spouse dies, the surviving spouse can inherit the entire estate tax free, based on the unlimited marital deduction. However, once the inheritance is added to the surviving spouse’s estate, it may cause the surviving spouses' estate to exceed the lifetime credit of $5.45 million. Only estates that are valued under that amount can be passed on without incurring estate taxes. Any excess amount will be taxed at 40 percent. In this situation, it may be a smart choice to disclaim the inheritance from your deceased spouse, allowing it to pass directly to the next beneficiaries, typically your children. Before making this decision, discuss this with your estate planning attorney as part of your inheritance planning.
In some cases, the beneficiary of an inheritance may also be the recipient of state or federal benefit programs, such as Social Security or Medicaid – benefits programs that are based on income or need. In those situations, accepting an inheritance, depending on its size, could effectively disqualify the beneficiary from those benefits. It may be more important to that individual to preserve continue benefits, than to receive an inheritance.
Regardless of the reason you may need to disclaim an inheritance, it is essential that you discuss your decision with an estate planning attorney. They can help you to ensure that the disclaimer is handled properly, so you can avoid problems in the future. Inheritance planning requires consideration of your present and future financial goals. There are several steps for developing this plan, which you and your attorney can follow.
In addition to an inheritance plan, you need to have a tax plan as well. While an inheritance is not generally considered income for purposes of federal income taxes, subsequent earnings from the inherited taxes are. That means, you will be taxed on any interest paid on inherited cash in a bank account or dividends on inherited stocks or mutual funds. Also, any gains you have when you sell inherited investments or property are generally taxable. Luckily, you can claim losses on these sales as well.
If you have questions regarding inheritances, or any other inheritance planning issues, please contact Anderson, Dorn & Rader, Ltd., either online or by calling us at (775) 823-9455.
Trusts are popular estate planning tools for many reasons, including the fact that they help avoid probate and they provide some asset protection. Depending on the size and nature of your estate, creating a trust can be complicated. However, your estate planning attorney can help you with the details. One of the most important steps in creating a trust is funding that trust.
A trust is a fiduciary agreement between the trustee and the grantor. Fiduciary just means an agreement based on confidence and trust. The trust agreement authorizes the trustee to obtain and manage all of your trust assets on behalf of your named beneficiaries. The trust agreement also provides specific instructions regarding the management and distribution of your assets.
Once you have decided to include a trust in your overall estate plan, here are the basic steps that must be followed in creating a trust. The basic steps to create any trust are as follows:
The most important thing to remember is, once you execute the trust agreement, you must fund your trust. If you do not, your assets will become subject to probate upon your death and the advantage of using a trust to avoid probate is lost.
A trust must be funded so that the property you intend to be controlled by the trust will actually be included in the trust. Once you properly fund the trust, your trustee can manage all of the property when you become mentally incapacitated or upon your death. You have to do more than just sign the trust agreement. How you go about funding your trust will depend on the nature of your assets. Not every asset is funded into a trust the same way.
There are basically three ways to properly fund a trust, depending on the type of property that needs to be transferred to the trust. These methods include:
All of these methods are pretty simple to accomplish, but you still have to follow the required procedures to make sure it is done properly.
There are several types of trusts, each with its own purposes, advantages and disadvantages. However, all trusts fall into one of two categories: revocable or irrevocable. It is important to understand the differences between these two types of trusts. When a trust is "revocable" the grantor (person creating the trust) retains the power to modify the terms of the trust or revoke it altogether. This makes revocable trusts very flexible, which is a good thing since circumstances often change resulting in the need for modifications.
You may have guessed – irrevocable trusts are different because they cannot be modified once they have been executed. This can be a great benefit, though. Because your assets are no longer a part of your estate, they are no longer subject to probate or estate taxes. So, although you must relinquish control of your assets with an irrevocable trust, some will enjoy valuable tax benefits.
There are generally two ways to modify a revocable trust: amendment or restatement. Either way, the result is basically the same so the choice is yours. In some situations, an amendment to the trust will be sufficient. For example, getting married, having children, or having a substantial increase in your trust property are all reasons you may need to amend your trust. Also, whenever your beneficiaries change, and amendment would be property. This most often becomes an issue when a beneficiary dies or you change your mind about giving someone an inheritance. Your estate planning attorney can help you decide the best way to modify your trust.
The answer is simple. Any property that is not properly funded into your trust will need to go through probate. That means before you heirs can inherit those particular assets, the court will need to oversee the probate of your estate, which is costly and time-consuming. As such, if you overlook the need to fund all of your property, your trust will likely not be as effective as you intended.
If you have questions regarding trusts, or any other estate planning needs, please contact Anderson, Dorn & Rader, Ltd., either online or by calling us at (775) 823-9455.
Nevada has allowed the use of self-settled spendthrift trusts since 1999. These trusts can provide great protection for trust property against the creditor's of beneficiaries. Basically, you are allowed to be the direct beneficiary of your own irrevocable trust, while still protecting your trust property from creditors. Under Nevada law, you must have an independent trustee who has the authority to distribute the trust income or principal to you. Then, as a co-trustee, you may have the power to distribute trust property to other beneficiaries, such as your descendants or other loved ones.
Even with an Asset Protection Trust, creditors may be able to pursue your trust property for two years after the property is transferred to the trust. That means that the protection does not begin immediately. Creditors also have six months from the time they discover the transfer, or should have reasonably discovered the transfer. A creditor that does not exist until after the trust is created, also has two years to file a claim. Once the two year period has ended, your trust property is protected against future claims.
According to Nevada law, a self-settled spendthrift trust will be recognized regardless of whether it was created in another state, as long as one of these factors is met:
Other assets, such as stocks, bonds, interests in real property, that are not located in Nevada can easily be moved to Nevada so they can be transferred into your trust.
Certainly anyone can create an Asset Protection Trust and benefit from the safeguards it provides for trust property. However, these specific types of trusts are particularly suitable for those who are exposed to substantial professional liability, such as doctors. Regardless, if you are concerned about liability of any type and need to protect your assets, an Asset Protection Trust can be a great way to accomplish this goal.
If you make a gift of property directly to your child, for example, there are certain inherent risks as to that property. If the gift is cash, the child may spend it immediately, or if it is real property, your child may take out a mortgage on it. Creditors could obtain liens on the property, or a spouse could come along and obtain a half interest in the property. If you want to mitigate any or all of these risks, you should consider a traditional third-party spendthrift trust. The child would be the third-party beneficiary. Based on the terms of the trust, you can provide certain limitations and protections.
Even in light of the many benefits, some people are still hesitant to relinquish complete ownership of property to an irrevocable trust. If you name yourself as a trustee of a spendthrift trust, you limit the protection against creditors. The solution to this dilemma is a self-settled, first-party spendthrift trust. As long as you comply with all of the statutory requirements, you can name yourself as the beneficiary, while enjoying the same creditor protection as third-party beneficiaries of the trust. If this is your goal, consider the Nevada Domestic Asset Protection Trust.
There are basically five requirements that must be met in creating a Domestic Asset Protection Trust in Nevada. First, at least one trustee must be either a natural person who resides or is domiciled in Nevada, or a bank or trust company that maintains an office in Nevada. The trust must also be in writing and irrevocable. The trust cannot include a provision that requires any part of the income or principal of the trust be distributed to the settlor, that is the person creating the trust. Finally, the trust must not be intended to hinder, delay or defraud known creditors.
The statute gives the settlor certain authority that does not affect creditor protection, which can be very useful. For example, the settlor has the power to veto trust distributions. Also, the settlor retains the ability to use real or personal trust property. The settlor may also retain the power to direct the investment of trust assets. Just as an individual with no known creditors is allowed to give away her property (and thereby protect it from future creditors), you can instead transfer that property to a Nevada Domestic Asset Protection Trust.
If you have questions regarding trust property, or any other estate planning needs, please contact Anderson, Dorn & Rader, Ltd., either online or by calling us at (775) 823-9455.
When it comes to estate planning most clients readily think about their cash, investments, houses, and cars. But what some clients tend to overlook are the valuable family heirlooms. Those items hold value: not only monetary, but most often emotional value. When it comes to deciding how to distribute your assets, you will certainly want to include your personal effects, such as your grandmother's engagement ring or your grandfather's pocket watch. Including heirlooms in your estate plan is important for you and your family.
Be specific and put it in writing
It is common for parents to sit down with their children and discuss which personal belongings or heirlooms each of them may want after the parents pass on. However, even though children may agree now their preferences may change over time. Memories often fade or personal feelings change. Though it may not be necessary to specifically leave each and every personal item to someone, the gifts that are meaningful to you or your family should be written down in specific detail. Designating which items you want to leave to which family members will be important to you and your beneficiaries in the future. A properly drafted estate plan will allow you to distribute those items upon your death through a separate writing that can be updated over time without constant attorney involvement.
Obtain an appraisal of your heirlooms
An heirloom is a specific item that is typically passed on from one generation to the next. Traditionally, these types of items include items that hold great monetary, historical, or sentimental value. Nonetheless, the first step you should take is to determine the potential monetary value by getting the items appraised. Some clients prefer to get an appraisal while still alive in order to make sure their children each receive approximately the same value of property, and this can help with our areas of planning (such as obtaining the right amount of insurance). But an appraisal while still alive is not necessary, as this step can also be done after your passing.
Finding someone to appraise your heirlooms
There are many different dealers out there with the expertise to appraise your heirlooms. Determining where to go depends on what type of items you have. For instance, antique dealers can appraise antique furniture and other older, rare items. Fine art dealers, rare book dealers, and many others are available to provide accurate appraisals of the value of your heirlooms. If you need a jump start on locating these individuals, contact certain professional organizations, such as Private Art Dealers Association, Art Dealers Association of America, International Fine Print Dealers Association, or the National Antique and Art Dealers Association of America. These associations are very helpful in finding the type of qualified dealer you need.
Include a “No-Contest Clause” in your estate plan
In Nevada, we recommend that you include what is referred to as a “No-Contest Clause” in your will or trust. This provision, when properly drafted, will often discourage family disputes over specific inheritances. With a No-Contest Clause, if an heir chooses to contest, or challenge, the will, they will no longer be entitled to receive any part of the inheritance.
If you have questions regarding family heirlooms, or any other estate planning needs, please contact Anderson, Dorn & Rader, Ltd., either online or by calling us at (775) 823-9455.
A living trust is an important component of every estate plan. But, before you make a decision to include one in your personal estate plan, you should dispel some of the most common myths regarding living trusts. These myths have been circulated through the general public, and are frequently repeated online. In an effort to debunk the most common of these misperceptions, this article will examine the 3 top living trust myths.
The procedures for creating a revocable living trust are pretty simple and straightforward. Living trust attorneys sit down with their clients to determine their goals and objectives, and then draft the trust document selecting all the terms terms under which the trust must operate. Living trust attorneys will discuss all options with their clients before recommending a particular trust design. Once the trust document has been drafted, the next step is to transfer the clients property into the name of the trust. This is referred to as “funding” the trust. After the trust is completely funded, the trust becomes the new owner of all the trust property.
Many clients are under the misconception that, because the trust owns the property, they will lose all control over the property that was transferred into the trust. However, this is not at all the case. A living trust is a revocable trust, meaning that you have the ability to manage the trust and the right to use and enjoy all of the property included in the trust as you see fit. Transferring property into a living trust results in no loss of control over the assets.
Most living trust attorneys will tell you that, although a living trust is an invaluable estate planning tool, it certainly is not the only tool you need. For instance, a living trust does not allow you to name a personal representative to administer any estate assets, or a guardian who will take care of your minor children in the event of your death. As such, you will need to also create a last will and testament in order to address both those needs. There are also many other estate planning documents you need to address other financial and medical planning considerations that a living trust simply does not cover. Examples of such documents include a durable power of attorney for property, a living will, a durable power of attorney for health care and a HIPAA disclosure authorization. The goal is to have a comprehensive estate plan.
While a living trust for a married couple may be designed to minimize estate taxes in certain cases, generally speaking a revocable living trust does not help to reduce or eliminate potential estate tax liability. Although there are different types of trusts that can serve this purpose, living trusts are typically not one of them. Furthermore, a living trust will not provide significant asset protection during your lifetime. If you wish to create an estate plan that provides effective asset protection or tax relief, it is best to discuss options with an experienced estate planning attorney. A popular and effective asset protection tool authorized under the Nevada Revised Statutes is a self-settled spendthrift trust, commonly referred to as a Nevada Asset Protection Trust. There are also numerous strategizes involving irrevocable trusts that can be utilized to dramatically reduce, or even eliminate, an estate's exposure to estate taxes.
Historically, the primary purpose most clients had for creating a living trust is to avoid the lengthy, public and costly probate process. While avoiding probate is still one of the advantages of creating a living trust, we have found that for our clients it is not generally perceived as the primary benefit. In Nevada, a living trust can be designed to protect a loved-one's inheritance from claims associated with a future divorce, including claims for alimony and child support. With divorce rates hovering at around 50% in many states, we have seen a significant amount of family wealth awarded to divorcing spouses over our 20 years of handling trust and estate administrations. A living trust may also be designed to protect a beneficiary's inheritance from other lawsuits, and even bankruptcy, should a beneficiary fall upon especially hard financial times. A living trust can be structured to preserve a beneficiary's right to government benefits for his or her long term-care expenses and not expose the inheritance to government reimbursement claims in the event a beneficiary is receiving government benefits at the time he or she receives the inheritance. A living trust may also be drafted to protect an inheritance against spendthrift behavior or irresponsible asset management for those beneficiary's who lack financial responsibility or investment management experience. Living trusts may also be structured to incentivize certain behavior or activity, such as developing a strong work-ethic, pursuing a higher education and maintaining full-time employment, while not allowing a loved-one to live off of his or her inheritance and not experience the intrinsic rewards associated with setting and achieving lifetime goals. These are just a few examples of the advantages that may be achieved from a customized living trust drafted by an experienced trust attorney.
If you have questions regarding living trusts, or any other estate planning needs, please contact Anderson, Dorn & Rader, Ltd., either online or by calling us at (775) 823-9455.
One of the reasons a living trust is popular is because it can help you to avoid probate while providing a reasonable degree of asset protection. Clients regularly have concerns about living trusts and commonly ask, "Do I have to forfeit control of my assets?" The answer is no – not at all. One of the most favorable aspects of a living trust is the ability to retain control of your assets while providing directions to your loved ones about transferring your estate upon your death.
One of the basic purposes of a trust is to avoid probate proceedings, a court process that is usually lengthy and expensive. Each state has its own laws, which typically require a deceased person's property to go through probate if there is no proper estate plan in place. Another basic purpose of trusts is to appoint those persons responsible for making your financial and medical decisions for you in the event you become incapacitated. Without having the proper documentation in place, your loved ones may be required to petition a court to appoint a guardian or conservator to handle your affairs. One of the greatest benefits a living trust can provide is the ability to protect your assets for your loved ones, once you have passed away. If you are considering whether you want to create a living trust, you should be aware of both the advantages and disadvantages of such a trust.
A “living trust” is basically a type of trust created to become effective while you are still alive, as opposed to upon your death. As with all other types of trusts, a trust is an agreement where the property transferred to the trust is held and managed by a trustee, with directions as to how your estate should be transferred to your beneficiaries upon your death.
First, the ability to avoid probate is one obvious advantage of a living trust. It can save your loved ones both time and money in the long run, as well as help you to avoid potential complications, when distributing assets after your death. There are also some very valuable tax advantages connected with a trust. A living trust can also help to reduce the amount of estate taxes imposed on your estate, while allowing for income tax planning opportunities. By distributing assets in trust for your beneficiaries, you can provide the greatest ease in administering your estate, and you can reduce the amount of estate taxes your beneficiaries would otherwise need to consider on their own. In Nevada, we can continue to pass your assets down generation after generation estate-tax-free for up to 365 years. Privacy is another benefit; the terms of your trust remain private, unlike the public nature of the probate process.
There are certain legal protections provided by trusts. A living trust is a written legal document, which means it will always be enforceable by the courts. If there are any challenges to the asset transfers made after your death, the terms of the trust document will provide the best evidence of your intentions with regard to your property.
You are allowed to identify anyone you choose to be your trustee, including yourself. That would mean you can retain complete control of your assets during your lifetime. Therefore, a significant benefit of a revocable trust is that you may continue to buy, sell, encumber, and refinance assets just as you did before the trust was established. You also have the ability to remove assets from the trust whenever you desire. In other words, you maintain complete control of your property. As long as you are competent to handle your own financial affairs, you can name yourself as trustee of your living trust. Indeed, this is most commonly what people choose to do. If you are married, you can also name your spouse as co-trustee, if you wish. Upon your incapacity or death, the living trust will appoint a successor trustee to continue to manage your assets without court involvement. Once assets are transferred to your beneficiaries, your living trust may allow them to control their own trust share as trustee. If you have concerns about your beneficiaries' ability to manage their own estate, you may consider appointing a third-party trustee to manage those assets on their behalf to ensure the maximum protection for your assets.
Although there are many advantages to creating a living trust, there are also disadvantages that you should be aware of before making a decision. One downside is that living trusts can be more limited in coverage than a Will would be. A living trust typically refers only to specifically identified property that has been transferred into the trust. For this reason, the terms of a living trust need to be as detailed as possible when describing those asset.
There is the possibility that you may need to create a durable power of attorney, along with the living trust. While you typically name yourself as the original trustee, in order to maintain control over the trust while you are alive your successor trustee may not have the authority to manage any additional property that was not included in the living trust. For this reason, you will likely need a power of attorney, as well.
For your estate plan to be well rounded, you should also consider having all of your health care documents prepared as a part of your estate plan. These would include your Durable Power of Attorney for Health Care Decisions (a.k.a. your Health Care Power of Attorney), Living Will, and HIPAA Authorization forms.
If you have questions regarding Reno living trusts or any other estate planning needs, please contact Anderson, Dorn & Rader, Ltd., either online or by calling us at (775) 823-9455.
A trust is meant to work as a part of your estate plan as a means to avoid probate, minimize estate tax liability, and protect the inheritance for your beneficiaries. To put it in simple terms, a trust is basically a fiduciary agreement between the Trustor (the person or persons that create the trust) and a Trustee. The nature of a trust agreement is to authorize the Trustee to hold and manage the trust assets on behalf of the named beneficiaries. The trust's terms will provide the necessary instructions for managing and distributing the assets upon the incapacity or death of the Trustor. There are several different types of trusts, each with its own specific purpose. Nevertheless, there are three essential steps in creating any trust.
The trust agreement is the document that provides the Trustee with instructions as to how you want the property held in trust to be handled for your beneficiaries. It is the "who, what, and when" of the trust. The trust agreement is a contract, which is binding on the Trustee that you have chosen to manage the trust property. There is a reason this agreement is called a "trust" - it is an agreement based on confidence and reliance. Some of the basic provisions that should be included in any trust are:
Once the trust agreement has been created, the next step is to "fund" the trust. Funding is the process of transferring ownership of the assets that you intend to include in the trust. This involves changing the title on bank accounts to the name of the trust, re-titling vehicles in the name of the trust, recording a deed transferring real property to the trust, and/or naming the trust as the beneficiary of life insurance policies.
Under Nevada law, a trust only exists to the extent it owns assets - thus a trust agreement isn't worth the paper it's printed on unless the trust has been properly funded. This is the also the key aspect of avoiding probate upon your death; if a trust is not properly funded, a probate judge is required to transfer legal title of assets to your beneficiaries.
There are generally four ways in a trust is funded:
Assets such as bank accounts, non-retirement investment and brokerage accounts, stocks and bonds held in certificate form, vehicles, and real estate can be funded into a trust by simply changing the owner of the asset from the name of the Trustor to the name of the trust itself.
When the trust assets include personal property of the type that does not require a certificate of legal title (e.g., jewelry, artwork, antiques), the assets can be funded by simply assigning ownership to the trust. This would also include things like personal loans, royalties, copyrights and patents, partnership interests, and membership interests in limited liability companies.
For those assets that require a beneficiary, you can fund your trust by naming the trust as the beneficiary of those accounts or policies. Note, however, that it might be recommended to leave certain outside outside of the trust and to name your beneficiaries directly. This is most common the case with qualified retirement accounts in order to minimize the income tax of your beneficiaries and to allow for greater flexibility in managing those assets. You should consult with an attorney as to whether it is better to name the trust as the beneficiary.
If a Trustor does not transfer assets to a trust during their lifetime,a trust may be funded through probate. In this situation, a Testator transfers assets to a trust through their Last Will and Testament (also called a "Pour Over Will") by instructing a probate judge to transfer those assets into the trust. This is generally not recommended since it requires both a probate proceeding and trust administration.
After the trust is created and funded, then the final step is to settle the trust. This only occurs after the death of the Trustor. Once you pass away, your Trustee has an obligation to follow the terms of the trust that pertain to handling your property after your death. Since a properly drafted trust does not require any court involvement, the administration of a trust can be kept completely confidential.
Many companies and advisers are more than willing to "sell" you a trust as a means to promote some other goal. There can be many complex issues involved in creating a trust, which an estate planning attorney would be much better equipped at handling. Depending on the complexity of the terms of the trust agreement, the extent and nature of the assets, and the potential complexities of the family, an attorney can address these concerns and can assist with all three essential steps of creating a trust. Here are some special considerations that you should make when creating your trust:
All of these issues can be addressed as a part of your trust agreement. Your trust can be created for your benefit immediately and for your beneficiaries to receive after you pass away.
If you have questions regarding creating a trust, or any other estate planning needs, please contact Anderson, Dorn & Rader, Ltd., either online or by calling us at (775) 823-9455.
Family heirlooms come in all shapes and sizes – from jewelry to art, fine china to family photos. Determining how to fairly divide these family heirlooms among your loved ones, after your death, can be very challenging. Unless you provide very specific instructions in your will or other estate planning documents, your executor will be left without any assistance. Avoiding family heirloom disputes can be accomplished with some planning.
Using Personal Property Memos
A personal property memo is a written statement, referred to in a last will and testament, used to leave tangible personal property not specifically disposed of in the will to the beneficiaries. Often this is used to keep certain items out of public knowledge in the probate process. A personal property memo can be revised or modified without having to execute your will again. However, the memo is not considered an amendment to the will.
How to Ensure Equitable Distribution of Heirlooms
Typically, when it comes to family heirlooms, there are a few items with greater value than others. This can make equitable distribution between family members more of a challenge. However, there are few strategies that can be useful. Of course, the most direct way is to make specific bequests to your heirs and discuss your decisions with them while you are still living. If your children are happy with your choices, then the likelihood of a dispute over these items after your death can be greatly decreased. But, what should be done if there are family heirlooms that are not specifically bequeathed, for whatever reason?
Alternative methods of distributing family heirlooms
Without any specific instructions, in many cases the appointed executor or trustee will determine who to divide the family heirlooms at his or her own discretion. Another method, which is useful in avoiding family disputes, is to allow the beneficiaries to divide the heirlooms amongst themselves by agreement. If there are any particular items that cannot be agreed upon, the executor or trustee can make the decision. Beneficiaries can also select the heirlooms by drawing lots in equal shares, with any inequities to be resolved by cash payments. Similarly, the executor can hold a silent auction.
Reaching the ultimate goal
Ultimately, when a loved one passes away, the surviving family should not spend time fighting over their personal property. Instead, it is a time to be supportive to one another and to celebrate the life well-spent. By planning ahead, with the assistance of an estate planning attorney, you can prevent many of the potential challenges inherent in distributing an estate, including family heirlooms, and avoid family squabbles of these important items.
If you have questions regarding family heirlooms, or any other legacy planning needs, please contact Anderson, Dorn & Rader, Ltd., either online or by calling us at (775) 823-9455.
If you have any children under the age of 18, it is important that you at least have a will, including provisions designating who you would want to be the guardian(s) of your children, should anything happen to you. Legal guardianship provisions for minor children are an important part of estate planning.
The basics of the last will and testament
A last will and testament is basically used to make dispositions of your property at the time of your death. Another purpose of a will is to appoint someone to manage your estate and to appoint someone as guardian of your minor children. Without a will, your property will be distributed to your family following the laws of intestate succession in your state. Your closest relatives usually receive equal shares depending on the law's pre-determined priority system.
Establishing legal guardianship of minors with your will
When one spouse or parent dies, the surviving spouse or parent will automatically be the child's legal guardian unless that person's parental rights have already been terminated. Should both parents die at the same time, or nearly the same time, a guardian named in a will would become responsible for the child's care absent a court's determination that it is not in the child's best interest to have legal guardianship awarded to the person you designated. The presumption under the law is that the person you designate as your desired guardian of your minor children is the most appropriate choice.
Be sure to consider both present and future circumstances
When you are considering who should be named as legal guardian for your children, take into consideration the age, health and location of the potential individuals. You must also recognize that these factors will probably change in the future. For this reason, it is a good idea to select both primary and secondary guardians, should there be anything preventing your primary guardians from serving in that role. These designations should be reviewed at least every 2 years.
Make sure the legal guardians will have everything they need
In order to properly care for your children after you are gone your guardians will need to have access to financial assets, as well. Generally, it is most advantageous to accomplish this through the creation of a revocable living trust that is funded while you are alive. Using this technique your assets avoid the probate process upon your death and the person you designate as the successor trustee under the trust has access to the financial assets and the authority to make distributions to or for the benefit of your minor children without the probate court's involvement. The successor trustee may be the person you designate as your guardian, or it could be someone else if you feel someone other than the guardian is best suited to manage the financial decision-making. This can also be established through a testamentary trust created under a will, but then the assets would need to go through probate and the court will retain ongoing jurisdiction over the trust. The costs associated with administering a testamentary trust are generally much higher than those involved with the administration of a living trust after your death.
What happens if you do not nominate a guardian?
If you do not include guardianship provisions in your will, or establish a trust, the appointment of a legal guardian will be made by the probate court. Although it is the judge's responsibility to ensure the best interests of the child are met, the decision may not coincide with your own wishes. That is why being proactive and creating an estate plan is the best solution for you and your family.
If you have questions regarding legal guardianship, or any other estate planning needs, please contact Anderson, Dorn & Rader, Ltd., either online or by calling us at (775) 823-9455.
It is a very common reaction, upon losing a loved one, to be at a loss as to what actions may need to be taken. Finding the will, locating insurance policies, creating an inventory of assets, can all be very overwhelming. Particularly, when there is a living trust between spouses, there are certain initial responsibilities that require attention. Handling a trust when your spouse dies does not have to be stressful.
Locate the trust and review its terms
Once you locate the trust document, read the terms to familiarize yourself with them. Even if you participated in drafting the trust, it has probably been several years since it was prepared. Although most trusts between spouses leave all assets to the surviving spouse, some trusts provide for distributions to other heirs, too. Before you take any action to implement the terms of the trust, make sure you understand all of the provisions. Many provisions are quite technical, so it is always a good idea to consult your estate planning attorney before you take any further steps. It is best not to accept death benefits such as life insurance, retirement accounts or pensions before consulting with your estate planning attorney as you may be missing or jeopardizing your benefits.
Transfer title to the surviving spouse or other beneficiaries
More often than not, living trusts between spouses name each spouse as a co-trustee. In other words, once the first spouse dies, the assets need to be transferred to the surviving spouse as the sole trustee. Until the transfer occurs, banks and other institutions may continue to require two signatures for any transactions. In order to transfer title, you will need the certified death certificate of your deceased spouse and an updated certificate of trust. In terms of real estate, your estate planning attorney will draft an affidavit for you to record with the county recorder's office. Besides keeping the records straight, you may also be avoiding identity fraud.
Determine the type of living trust you have
The type of trust you have can have an effect on the steps you must take. You can always ask your estate planning attorney to help you determine the type of trust you, if you are not sure. One of the most common types of trusts between spouses is known as an A/B trust. This type of trust is one that requires special action, and if those requirements are not met, it could cost your family thousands of dollars in estate taxes, which could have been avoided. Incurring these costs would also defeat the purpose of this type of trust.
How does an A/B trust work?
An A/B trust divides the spouses' assets into two shares when the first spouse dies. However, this division will not occur automatically. Instead, the assets must be physically transferred into two separate trusts. An inventory and appraisal of the assets is created and then the assets are allocated between the two trusts. Specific procedures must be established to keep track of the assets in each separate trust. An income tax return needs to be filed for the decedent’s trust each year after his or her death. If not, the IRS may not recognize that the trust exists and the entire estate could be subject to taxation after the death of the second spouse.
If you have questions regarding living trusts between spouses, or any other estate planning needs, please contact Anderson, Dorn & Rader, Ltd., either online or by calling us at (775) 823-9455.
Your oldest son has just informed you that he and his wife want to buy their first home, but they can't afford the down payment. Even with favorable interest rates available for some, bank loans are still hard to come by, especially for younger borrowers. As a result, many young families turn to their parents or other relatives for intra-family loans. Once you understand the tax consequences of intra-family loans, an intra-family loan can not only benefit the recipient, but also serve as a good estate planning tool.
Treatment of the loan as a gift
There is a chance that the IRS will treat the loan as a gift, regardless of the fact that a promissory note was actually given in return for the transfer of funds. The loan may not be considered bona fide debt by the IRS if it seems that the intention was that the loan would not be repaid, despite the note.
How to overcome the gift presumption
The presumption by the IRS that an intra-family loan is a gift can be overcome by making an affirmative showing of a bona fide loan with a “real expectation of repayment and an intention to enforce the debt.” There are several factors that are considered by courts in making this determination:
(1) existence of a note comporting with the substance of the transaction,
(2) payment of reasonable interest,
(3) fixed schedule of repayment,
(4) adequate security,
(5) repayment,
(6) reasonable expectation of repayment in light of the economic realities, and
(7) conduct of the parties indicating a debtor-creditor relationship.
As one court determined “[t]he mere promise to pay a sum of money in the future accompanied by an implied understanding that such promise will not be enforced is not afforded significance." Merely documenting the loan transaction is not sufficient to overcome the gift presumption, for Federal tax purposes.
When is a gift better than a loan?
There may be situations where making a loan to your children may not be the best option. In some cases, making it a gift would be more appropriate. Some situations where a gift may be the preferable choice include the following:
Can I forgive the loan later?
Although the intention to forgive an intra-family loan can result in the IRS treating the loan as a gift at inception, it really depends on when that intention to forgive arises. The main factor in making this determination is whether there was a prearranged plan to forgive the debt, or if that intention did not arise until a later time. If that is the case, the IRS will not consider the loan a gift until the time it is actually forgiven.
If you have questions regarding intra-family loans, or any other financial or estate planning needs, please contact me at Anderson, Dorn & Rader, Ltd., either online or by calling me at (775) 823-9455.
Sometimes issues arise in estate planning that put an inheritance in question. In Mississippi a few years ago, a young man who suffered from severe mental illness, killed his mother. The question arose: can he inherit from her estate when he caused her death. This legal issue brought into play the "slayer statute." Each state has its own version of this law, which has a significant effect on probate and estate issues.
The intended purpose of a slayer statute is to prevent someone from receiving an inheritance from someone whose death he or she was responsible for causing. As with most things, each state has enacted its own slayer statute. Some only apply when the death is proven to have been intentionally or willfully caused, while others preclude inheritance when the death was merely negligent. In most states, the slayer statute applies to life insurance beneficiaries, as well.
In the Mississippi case mentioned earlier, a question of first impression arose for the court. The siblings of the schizophrenic killer, asked the court to prevent him from receiving his share of their mother's inheritance. However, the court had to decide whether a murderer who is mentally unfit to stand trial, should be precluded from receiving his inheritance. The appellate court decided that, since he was incompetent to stand trial, he could not have willfully committed the murder. That decision did not resolve the legal matter entirely, however. Civil and criminal codes are based on different standards for intent and willfulness.
The Nevada version of the slayer statute imposes the principle that "a killer cannot profit or benefit from his or her wrong." Nevada's statutes also state that insanity or diminished capacity shall not be considered in determining whether a person has committed a felonious or intentional killing. The murderer must be convicted of the crime or found by a preponderance of the evidence to have caused the felonious or intentional death before the slayer statute applies.
The unfortunate reality is that most cases where the slayer statute becomes an issue is between spouses. What follows is the fact that spouses are typically beneficiaries of each other's life insurance policies. As long as the death is determined an accident, inheritance is fine. However, if the death is suspicious in any way, the insurance proceeds will not be paid until an investigation by law enforcement clears the spouse of any charges.
If you have questions regarding the slayer statute or any other estate planning needs, please contact Anderson, Dorn & Rader, Ltd., either online or by calling us at (775) 823-9455.
The death of a spouse is always traumatic. In that time of loss, the surviving family members are often at a loss as to what needs to be done. Whether you and your spouse had a living trust, a will, or some other estate planning tool, there are some initial things that will need your attention. This article will help you become familiar with some common estate issues that arise following the death of a spouse.
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Clients with minor children find that one of the hardest decisions in the estate planning process is how to choose a person or family to care for those children in the unfortunate event of the parents' incapacity or death. Here are some steps that might help in this decision making process.
The easiest place to start is to make a list of anyone and everyone who could be a good guardian for your minor children. Ask yourself, "Would this person/family provide a better home for our children than the State?" This is a good point of reference, since the alternative to naming your own guardian is to have the children placed under State supervision (such as foster care) until a guardian can be named (which may not be someone that you'd prefer). This list could contain dozen of names, but ideally should have at least 4 or 5 people, couples, or families that you trust with the care of your children. Make sure to think beyond immediate family, such as brothers and sisters. Many clients choose cousins, aunts and uncles, grandparents, and friends as guardians. Try not to let money matters affect your list, unless the potential guardian lacks basic money management skills, since things such as life insurance can ensure your children's material well being.
Make a second list of those things that are important to you. Do you want your child to be raised with a certain religious belief? Is it important that your guardian be of a certain age, or that they have a certain threshold for patience and maturity? What is important to you in looking to your guardian's child-rearing philosophy? Is marital or family status of a guardian important? Your guardian will be a role model for your children, so it's important that you understand what that person to be. You may be able to exert some influence on your guardian's behavior in raising your children (they might be willing to go to church with your child, if they don't already, they might change some social and moral habits to accommodate your parenting wishes, etc.). However, there are some characteristics that will not change; a person's integrity and financial management skills are unlikely to change by becoming a guardian.
Congratulations! Once you have completed these first two steps, you have a list of potential people that you support raising your children, and you have a list of factors that are important to you in how you want your children to be raised and what you look for in a guardian. Looking at these two lists, you should be able to narrow down the list of candidates to make the decision much easier. While this is an easy step for many families, this may be difficult if there is a disagreement between the parents. Mom may want her sister to be the guardian, while Dad may want his cousin's family to care for the children. Consensus is important! Use this as an opportunity to have a much deeper conversation about the people and values, and try to understand each other's position in order to find a solution that you both feel good about. Remember - it is important to have more than one potential guardian on your list, as successor guardians should be named in your estate planning documents.
While it's not a legal obligation to clear this decision with the guardian of your choice, it's a good idea to have a conversation with them about it. This can be an opportunity to really develop deeper relationships. Many times, we see that those family members or friends asked to be guardians will want to take a more active role in the life of the child, as a god-parent would in some religions. Ask the guardian if they are willing to support the care of your children, and start discussing what that family structure would look like. This is a good place to discuss the list of values that are important to you (the list that you wrote in Step 2, above). Focus on what you want for the growth and development or your children as you communicate this with your guardian.
The worst mistake you can make is to go through this process and to avoid the final step of drafting the proper language in your estate plan. Make sure to meet with your attorney to ensure that the guardian is nominated in your trust or will. Try to avoid off-the-shelf guardianship forms, as they likely don't address state-specific benefits. For example, in Nevada a person can appoint a temporary guardian to take care of the kids while the permanent guardianship is settled - which means that your minor children may avoid being placed in the custody of the state for even a minute.
There are other times when certain legal forms should be considered for minor children. For example, if your minor child is travelling within the U.S. under the care of someone else, or if your minor child is travelling outside the U.S. with only one parent, you can have your attorney draft the proper Certification of Consent for Minor's Travel forms to make this process easier.
At Anderson, Dorn, & Rader, Ltd., we regularly help clients handle these issues where there are minor children involved. If you reside in Nevada or California, please feel free to reach out to us to discuss these issues by calling our office at (775) 823-9455.
