After the death of a loved one, disputes often arise between the heirs due to a lack of estate planning by the deceased or as a result of an individual taking an unfair advantage of the circumstances.
The objective of Rob Graham & Associates is to bring all matters before the court so an independent arbitor can decide the issues according to the law and equity. Probate has a unique set of rules and procedures that are different than those found in ordinary courts. To that end, experience in these matters is essential for those who want to achieve their objectives. There are very few probate attorneys in Nevada. There are even fewer probate litigators. Rob Graham & Associates is one of only a handful of law firms practicing full time in this area and can advocate your position with the confidence that comes with such experience.
Probate litigation can be expensive, so you need a good strategy. Knowing the laws and procedure of the probate court allows for the development of the least expensive strategy for the clients of the firm. You will receive the most sophisticated advice that can be given because the attorneys at the firm can see the entire field of conflict and understand where efficiencies can be brought without harming the core of the case.
In the end, Rob Graham & Associates can advocate efficiently, persuasively and with great confidence. Here are a few fact patterns the firm has dealt with in the recent past:
MURDER OF A SPOUSE: Under law, a spouse who has murdered another spouse cannot receive an inheritance. In this particular case, the law enforcement officials had not yet charged the spouse with murder, though it appeared inevitable. The firm was able to establish a special administration for the deceased spouse's probate estate and pursue a wrongful death claim against the suspected spouse to prevent the surviving spouse from receiving insurance proceeds. The estate was then preserved for the children of the deceased spouse.
ONE CHILD TAKES ADVANTAGE: It is common that prior to the death of a parent, one child will insert themselves in the financial and business affairs of the parent. Such was the case in this matter. One child began to run the business of the parents and skimmed money off the business and estate of the parents. The other children retained the firm to prosecute the matter and were able to prove fraud and embezzlement, and sought the court's assistance in disinheriting the sibling who caused significant financial damage to the estate.
CHILDREN FROM A FIRST MARRIAGE TAKE ADVANTAGE: It is also common to have disputes between children of a first marriage and the surviving spouse of the deceased. In this case, the children stole property from the marital estate shortly after the death of their mother. The firm was retained to recover the property and protect the surviving husband's financial interests.
FORMER SPOUSE TAKES ADVANTAGE: In a unique case, a spouse had divorced his wife immediately before his death. After his death, the surviving ex-wife returned to the family courts and reversed the divorce decree without giving the children of the deceased husband (from a prior marriage) any notice. Essentially, her actions "remarried" the divorced couple. This allowed her to seek the benefits of a surviving spouse. In this case, those benefits were in excess of one million dollars. The children retained the firm to prosecute the ex-wife and reverse her court action. After intervention, the firm was able to return the parties to their divorced status and defend the estate on appeal to the Supreme Court. The ex-wife then challenged jurisdiction in another state. The firm retained counsel in the other state and successfully defended the divorce as granted in Nevada.
SPOUSE DIES DURING DIVORCE PROCEEDING: A couple were in the process of getting a divorce and one spouse decided to hide assets in a Swiss Bank Account. Shortly thereafter, but before the divorce was finalized, the spouse who hid the assets died. The firm was retained to recover the funds wrongfully taken from the marital estate and to make an equal distribution of the assets between surviving family members. In this case, the surviving spouse was still entitled to a fair distribution of assets as guaranteed in the divorce proceeding. The matter is currently before the Supreme Court.
Rob Graham & Associates has successfully represented clients in many complicated probate actions. In each case, a sophisticated knowledge of the probate laws and procedure has resulted in a legal advantage and a savings of time and money for clients. |
