D'terra Law, LLC

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The Power of Words

On the way to Ebert Lake, June 2022

A couple of months ago, my friends and I hiked up to the waterfalls near Carson Pass.  There were several of them, and we stopped to listen to the roar of the water and feel the cool spray on our faces.

If you write for a living, you understand the power of words, both written and spoken.  This came to mind as I stood next to the rushing water as it tumbled over the boulders and crashed through the drainage.  The force was so strong and loud we all just watched in silence.

The spoken word can be easy to ignore and forget.  Those same words in written form, however, take on new meaning and oftentimes, move one to take actions long overdue.  A handwritten note from a friend, scribbled love letters and cards with those long, lovely messages written in the sender’s hand or typed on a manual typewriter.  And then there are those we dread – an ominous looking letter from a stranger or a thick package from a law firm.

When communicating with loved ones, be careful of the words you use.  Words can bring instant joy and happiness, or they can cut like a knife never to be forgotten. Listen.  Be kind. Observe the physical reactions of others when you speak.  Take a few minutes to think before you send that scathing email or angry voicemail. Better yet, sleep on it.

Interested in learning more?  Give me a call at 775-392-4223 or email me at feedback@dterralaw.com.

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Walking the Land

Recently, I took on a case that involved transferring a six-acre parcel of vacant land to a trust after the Grantor (sometimes called the Trustmaker) had passed away in a different state.  For reasons unknown, the Grantor had neglected to transfer the Nevada property to his trust during his lifetime.  A court order was needed to get this accomplished in an expedited manner and to avoid a costly probate.

Aside from the legal analysis, I needed to determine the value of the vacant land.  I assumed this would involve logging onto a computer, looking at the parcel maps to find similar lots for sale, comparing recent sales and coming up with a number – all from the comfort of the home office.  I asked my broker if she could perform this service for me. Easy, I thought.

Three days later, I received an email detailing her work on the project.  To my surprise, she had walked the entire six acres, looking for markers, fences, access points to the roadway, water, and evidence of any recent survey work done, all the while taking detailed notes.  As she made her way through thick sagebrush and Russian thistle in her cowboy boots, she managed to take some great photographs to show me the ideal orientation of a future home. My clients were delighted.

I truly did not realize the time and effort that is required to determine an accurate value of a parcel of vacant land.  My friend’s work was outstanding; walking the land made all the difference. 

Interested in learning more?  Give me a call at 775-392-4223 or email me at feedback@dterralaw.com.

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From Insurance to Icecream

Dear Readers, the following was written for my friend, Peter (not his real name).

Tick, tick, tick.  The clock on the wall was large and loud, interrupting his thoughts and plans for another day: making lists of people to call, scheduling meetings, reviewing and memorizing the latest marketing material and everything else that comes with being a successful insurance salesman.  I loathe this job, he thought.

It was a hot, cloudless summer day. The air conditioning whined off and on; the air moving just enough to keep him from sweating but not enough to dissipate the stuffiness of his windowless office on the third floor.  The clock ticked again. His coffee was cold. It was only 10:30 a.m.

Glancing up at the ceiling he leaned back, closed his eyes and put his feet on his leather desk, a coping skill he had perfected.  His thoughts turned to homemade chocolate fudge ice cream; the taste, smell, coolness and pleasure of that first bite. An idea that seemed limitless. A failed partnership and the reluctant, but necessary pivot to the insurance business to support his family.

Fast forward ten years; food trucks and beer gardens are all the rage. A renewed, post-pandemic demand for outdoor dining, community events and getting back to real-life socializing is in full swing.  Like magic, a side gig is reborn: Grandpa Richie’s Ice Cream. 

Suddenly, there’s important work to be done: selecting the highest quality ice cream and his favorite flavors, fixing up the truck, securing a spot at local outdoor events, and getting someone to help him serve the customers who always seemed so happy. Weekends and holidays became a non-stop labor of love.

During the weekdays, the clock on the wall still ticks by, but he can hardly hear it anymore. He’s thinking of the smiles, laughter and joyful conversation of the people he serves when they take that first bite.

What’s your passion?  It’s not too late to find the work you love.

Interested in learning more?  Give me a call at 775-392-4223 or email me at feedback@dterralaw.com.

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Probate and Living Trusts

Living trusts have been around for a long time, but seldom do people fully understand the concept when it comes to estate planning.  When considering the necessity of a living trust, I begin the conversation by asking my clients if they own real property, and how they feel about privacy.

In Nevada, a decedent’s real property distributed under a will must pass through probate.   Real property includes your home or vacant land held in your name.  Probate begins when the court appoints a Personal Representative and thereafter supervises distribution of the assets belonging to a person who has died.

However, probate can be avoided if a person creates a living trust and transfers all of their property (both real and personal) into the trust before they pass away.  The owner and maker of the living trust is called the Grantor, and that person maintains complete control over the assets of their trust during their lifetime.  A Grantor may amend or revoke their living trust.

When a person passes away, Nevada law requires the Personal Representative to “lodge” the original will and death certificate with the district court.  At that time, the will becomes available to the public.  Unlike a will, a living trust is not required to be filed with the court at Grantor’s death and its terms remain private.

If all the Grantor’s assets have been property transferred into the living trust, probate is neither necessary nor required. However, the person who serves as Successor Trustee must administer the terms of the trust and carry out the express wishes of the Grantor.   A Successor Trustee has similar duties and responsibilities of a person appointed as a Personal Representative for the will but is not subject to court supervision.

Avoiding a costly probate and maintaining your privacy are just two of the advantages of creating a living trust as part of your complete estate plan.

Interested in learning more?  Give me a call at 775-392-4223 or email me at feedback@dterralaw.com.

 

 

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Choosing a Personal Representative

Dear Readers:  I have added two new categories to Law Blog: Probate Administration and Random (not necessarily law-related).  This is my first post under the Probate Administration category.

When a person writes their Last Will and Testament, they must choose a Personal Representative, who can administer their probate estate after they pass away.  The Personal Representative can be an individual or an established entity, such as a professional trust company or a bank.  Quite often, clients will choose a trusted member of their family to take on this responsibility.  Because the Personal Representative acts in a fiduciary capacity, I encourage my clients to choose wisely and to take the time to discuss the future role with the person they are asking to serve.

In my experience, choosing estate plan decisionmakers, whether it be an agent for a Power of Attorney (effective during the maker’s lifetime), a Personal Representative for a will or Successor Trustee for a trust, is often a challenging task.  It is also important to choose alternates in the event the first choice becomes unavailable to serve.

If a Personal Representative is named in a will, and a probate is necessary, a court case must be filed and a Judge must first approve of the person to serve.  The approval order provides the Personal Representative with the authority to “marshal the assets” of the person who has died and among other things, create an inventory and an accounting.  The whole process can take months, or sometimes, years.

My probate clients are given written Instructions to help them better understand their responsibilities and answer their questions as we proceed through the case. You can find these Instructions on this website under Probate and Estate Administration or just click here:

Instructions4PR2024

If a loved one has passed away, and you have been named as the Personal Representative in their will, these Instructions will help you decide if you are able and willing and able to accept this important responsibility.

Interested in learning more?  Give me a call at 775-392-4223 or email me at feedback@dterralaw.com.

 

Contact Us

Joan E. Neuffer, Esq. | d’terra law, LLC
1692 County Road, Suite C
Minden, NV 89423
Email: joan@dterralaw.com
Phone: 775-392-4223
www.dterralaw.com