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Kirk Kaplan

Kirk Kaplan

Crest Key Legal and Accounting Partners
  • Probate, Estate Planning, Tax Law ...
  • Colorado, Nevada
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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.

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
Video Conferencing
  • FaceTime
  • Google Hangouts
  • Skype
  • BlueJeans
  • Microsoft Teams
Fees
  • Free Consultation
  • Credit Cards Accepted
    Visa and MasterCard Only.
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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Languages
  • English
Professional Experience
Senior Associate
Jones Vargas
-
Estate, Probate and Taxation.
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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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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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
Sale of Probate Property in Probate, Guardianship and Powers of Attorney, FIRPTA, las Vegas, Nevda
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
Fidelity National Title Company
Certifications
Certified Public Accountant
Nevada State Board of Accountancy
Websites & Blogs
Website
Crest Key
Legal Answers
9 Questions Answered
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
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.
Q. Can you sue an administrator of a probate because you were never notified of the death. They sold house.
A: I am so sorry to read what you father did to you. I suspect, but do not know for sure, you have no cause of action against the administrator. Other colleagues of mine may think differently. Here is what I think happened: Your father placed your step-mother on title as joint tenants with rights of survivorship. That way she got the house at his death. Whether you father understood his action, his naming your step-mother as a joint tenant disinherited you. By operation of law, she was the survivor, and thus received the full title to the house without probate. To check out whether my suspicion is correct, you will need to find the deed that was vested (recorded) at the date of your father's death. You can navigate to the Washoe County Assessor's office website and find the deed for the house. Typically, people do this in order to be sure their spouse gets the residence if the other dies. Seldom do people consider the consequences to the family, people like you, for their actions. May times people similar to your father, have a belief their second spouse will take care of his children - and I sad to write, the surviving spouse typically does not. Instead the surviving spouse passes the property along to her children. People unintentionally set their family on fire because they rely upon unproven beliefs, misc information from friends or from non legal authorities, and simply to avoid paying "expensive" attorney fees. For a fee of a few thousand dollars, your father could have taken care of your mother-in-law and taken care of you - all at the same time. If what I believe happened to you is true, the most you can do is learn from your father's mis-step and do not do follow his mistake by disinheriting your children / family. Again, I am sorry to have read your circumstance. I wish you well.
Q. In Nevada, when determining the estate value, does that include the house that is going to surviving spouse?
A: Probate is about clearing title of the name of the deceased from property the deceased owned individually - not with someone else like Joint tenancy WROS, so the answer is no.
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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
Friday: 8:30 AM - 5 PM (Today)
Saturday: Closed
Sunday: Closed
Notice: Saturdays by appointment only.
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