15 Questions to Ask an Estate Planning Attorney in Las Vegas Before You Hire

Why Estate Planning Matters Now

Nearly 60% of Americans do not have a will. In Nevada, dying without one means your estate is distributed according to state intestacy laws — which may not reflect your wishes and can result in expensive, time-consuming probate proceedings. The right estate plan gives you control over who receives your assets, who makes decisions if you're incapacitated, and how your family is cared for when you're gone.

The 15 Questions to Ask

• Do you recommend a will or a living trust for my situation?
  The choice between a will and a revocable living trust is the most important decision in estate planning. A will goes through probate (public, time-consuming, expensive for larger estates); a trust passes assets to beneficiaries privately, without probate, and can manage assets during incapacity. In Nevada, where probate is required for estates over $300,000 in real property, a trust is often recommended for homeowners. Ask the attorney to explain the pros and cons for your specific situation.
• What is the Nevada probate threshold and how can I avoid it?
  Nevada requires a full probate proceeding for estates with real property valued over $300,000 or personal property over $100,000. The process takes 6-12 months and typically costs 3-5% of the estate. A revocable living trust, properly funded, avoids probate entirely. Other probate-avoidance tools include beneficiary designations on accounts (POD/TOD), joint tenancy, and transfer-on-death deeds. Ask the attorney to identify all your assets and which probate-avoidance strategies apply.
• If I create a trust, do I need to fund it, and how does that work?
  A trust is only effective for assets that are transferred into it ("funded"). An unfunded trust is a useless piece of paper — it does not avoid probate for assets that are not titled in the trust's name. Ask how the attorney handles trust funding: Do they assist with re-titling your home, bank accounts, and investments? Do they charge extra for this? Trust funding is a critical step that many do-it-yourself trust creators miss entirely.
• Who should serve as my trustee, personal representative, and agents?
  Choosing the right people for these roles is as important as the documents themselves. Your trustee manages trust assets; your personal representative (executor) administers your will; your financial power of attorney agent manages finances if you're incapacitated; your healthcare proxy makes medical decisions. Ask the attorney to explain the duties of each role and help you evaluate whether your chosen candidates are up to the responsibility.
• What kind of power of attorney do I need?
  Nevada offers durable power of attorney (remains effective if you become incapacitated), limited power of attorney (limited purpose, limited time), and springing power of attorney (only becomes effective upon incapacity). A durable general power of attorney is the most common for estate planning purposes. Ask what authority your agent will have, and whether any specific Nevada requirements apply under NRS 162A (Nevada Uniform Power of Attorney Act).
• What healthcare directives do I need in Nevada?
  Nevada recognizes two primary healthcare documents: a Durable Power of Attorney for Healthcare (designates someone to make medical decisions if you can't) and an Advance Directive (also called a living will — expresses your wishes for end-of-life care, such as whether to use life-sustaining treatment). Ask whether the attorney prepares both, whether they are compliant with current Nevada requirements, and whether you need separate HIPAA authorizations for your healthcare agent to access your medical records.
• How does Nevada community property law affect my estate plan?
  Nevada is a community property state — most assets acquired during marriage are jointly owned by both spouses. This significantly affects how assets pass at death. Community property with right of survivorship (CPWROS) passes directly to the surviving spouse without probate. Ask the attorney to review how your assets are titled and whether any changes should be made to align with your estate planning goals.
• How do I protect assets for a blended family or minor children?
  Blended families — second marriages with children from prior relationships — present unique estate planning challenges. Without careful planning, a surviving spouse could disinherit children from a prior relationship by changing their own plan. Testamentary trusts, Qualified Terminable Interest Property (QTIP) trusts, and carefully drafted separate trusts for each spouse's children can address these concerns. If you have minor children, ask about setting up trusts with age-based distribution provisions rather than leaving large sums to 18-year-olds.
• What happens to my digital assets and online accounts?
  Digital assets — cryptocurrency, online banking, social media accounts, cloud-stored photos, online businesses — are a modern estate planning challenge. Nevada has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (NRS 143A) which gives fiduciaries access to digital assets with proper authorization. Ask whether the estate plan includes provisions for digital assets and how to create a secure inventory of accounts and passwords for your trustee or executor.
• Do I need to worry about estate taxes?
  Nevada has no state estate tax or inheritance tax. The federal estate tax only applies to estates over $13.61 million (2024 exemption, subject to change with tax legislation). For most Las Vegas residents, federal estate tax is not a concern. However, if your estate is approaching federal limits or includes complex assets (businesses, large retirement accounts), ask about estate tax planning strategies like irrevocable life insurance trusts (ILITs) and charitable giving.
• What is your fee structure, and what is included?
  Estate planning attorneys typically use flat-fee packages. A basic plan (will, power of attorney, healthcare directive) might cost $800-$1,500. A revocable living trust package (trust, pour-over will, powers of attorney, healthcare directive) typically runs $2,000-$4,000 for a single person or $3,000-$6,000 for a couple. Complex plans with multiple trusts, business succession planning, or tax strategies cost more. Ask what is included and whether trust funding assistance is in the package.
• How often should I update my estate plan, and will you notify me?
  Estate plans should generally be reviewed every 3-5 years or after major life events: marriage, divorce, birth of children or grandchildren, death of a beneficiary or named fiduciary, major changes in assets, moving to a new state, or changes in tax law. Ask whether the firm offers ongoing maintenance plans and whether they will proactively reach out when significant legal changes occur that might affect your plan.
• What happens to my business if I die or become incapacitated?
  If you own a business, estate planning must include a business succession plan — what happens to your ownership interest and who runs the business when you can't. Options include: buyout agreements with other owners (funded by life insurance), leaving the business to a specific heir through the trust, or selling the business as part of the estate. Without a succession plan, a business can be destroyed by the owner's death or incapacity.
• Will you review and advise on my beneficiary designations?
  Beneficiary designations on life insurance, retirement accounts (401k, IRA), and bank accounts (POD/TOD) override whatever your will or trust says. A common and catastrophic mistake is naming an ex-spouse as a beneficiary and never updating it after divorce. Your estate plan is only as good as the beneficiary designations on your accounts. Ask whether the attorney will review your designations as part of the planning process and help coordinate them with your trust or will.
• Do you handle trust administration after a death, and what does it involve?
  Creating the estate plan is only half the job — someone has to administer the trust after you die. Ask whether the firm handles trust administration (managing assets, notifying beneficiaries, filing final tax returns, distributing assets) and what that service costs. Understanding this relationship now makes the process much smoother for your successor trustee and beneficiaries when the time comes.