Avoid Probate Scams in Las Vegas
Probate scammers are sophisticated groups of people who know the Las Vegas probate system inside and out. Therefore, you must be informed to avoid getting scammed.
Here are tips to avoid Las Vegas probate scams.
Ask These Questions Before Signing Probate Documents
Before you sign any documents, ask these questions:
Are you a probate lawyer? If no, ask if they are working with a probate law firm, and if so, get the full name and spelling of the lawyer’s name. Do not sign any documents until you hire your own probate lawyer.
How did you get my contact information? If the person calling is a lawyer, ask how they got your contact information. Let them know that you understand that lawyers cannot solicit (reach out) to potential clients without advance permission. Hang up and do not sign any documents until you get your own probate lawyer.
Is this an engagement letter? If someone presents you with documents to sign, ask whether the document you are signing is an “engagement letter” to hire the attorney to provide probate services. If yes, do not sign this document and seek out your own attorney as soon as possible.
Am I signing away any rights? Ask if the paperwork you are signing is transferring your rights to someone else. The answer should be No. If so, contact your own lawyer for assistance.
Does this obligate me to sell property? Ask if the paperwork you are signing is an agreement to sell the deceased’s property to someone else you don’t know, like a real estate investor. If yes, do not sign and hire a reputable probate attorney as soon as possible to represent you.
Are you with the probate court? If the person who contacts you claims to be with the probate court, immediately hang up and contact a reputable Las Vegas probate lawyer.
Is the Court requiring me to sign something? If the person who contacts you claims that the Court is requiring documents or signatures from you, and this person was not hired by you, hang up and hire your own probate lawyer as soon as possible.
Can I have my lawyer review these documents and get back to you? If the person offering the documents does not want another lawyer to see them, run away fast.
Will the Court Contact Me in a Probate Case?
The Las Vegas Probate Court will never contact you in a probate case.
The Court will never contact you asking or requiring that you sign documents.
The Court will never require you to hire a particular lawyer or real estate agent, to authorize any person you don’t know to be the executor of the estate, or to open a case.
The probate court can only make decisions if someone files a case. Be sure that you are the person who opens the case first, not a scammer.
Reputable probate law firms in Las Vegas offer free consultations. They do not get paid until the end, and only if there is money in the deceased’s name.
A qualified probate lawyer will answer your questions about how the process works and will help you understand if there is money or property worth going to court over.
Many scammers will tell you that the property is worth very little because it is in bad condition, has liens on it, or has squatters. They tell you that it is worth taking only a little bit of money upfront so you do not have to be responsible for these debts. You can read more about this type of probate scam here.
In fact, even homes in very bad condition with lots of liens can be valuable in Las Vegas, so this is not a reason to sign any documents with someone you do not know. Your probate lawyer will help you get the most for this property.
Can I choose my own real estate agent in Probate?
Neither the Probate Court nor a Las Vegas probate lawyer you can trust will require you to use a specific real estate agent to sell the deceased’s property. You get to select your own (although if you need a referral, your lawyer can provide you with several names that know how to sell real estate in probate).
If someone contacts you and requires that you use their real estate agent, steer clear.
In fact, scammers will often say that the real estate agent or buyer of the property will pay for your attorney fees if you sign their paperwork. This is usually not worth it. You’ll get much, much less for the property than you otherwise would; it is less expensive to allow the estate (not a real estate agent) pay your attorney fee.
Start Probate As Soon as Possible So Scammers Cannot
Scammers’ biggest advantage is speed.
Of course, they are not grieving the loss of a loved one, so they get information from their finds in various government agencies about the fact that a person has died, they quickly research whether that person owned property, and they file a probate case right away. This is a common start to a probate scam.
Then, when you realize you need to file a probate case, you are forced to deal with the scammers, either to make them go away or to work with them.
The best thing to do is avoid probate altogether, by encouraging your loved ones (and yourself!) to get a trust. If you have a Will, or no documents at all, you’re stuck going to probate court, which means that your property is at risk from scammers.
But if your loved one has died with a Will or no documents at all, your second best option is to hire a probate lawyer as soon as possible to open a case before scam artists do.
A qualified Las Vegas probate lawyer will make the process easy for you, so you can go on grieving and avoid tons of paperwork and headaches.