Civil litigation is commenced by filing a petition or complaint and is normally a contest in a court of justice to enforce the rights of the parties. Prior to civil litigation, the parties may agree informally or formally to settle the matter. An attorney will typically make a diligent effort to settle the matter prior to filing suit, however, these efforts may prove unsuccessful. When a civil suit is filed, a judge or jury will decide the dispute, and damages and/or compensation will typically be awarded to the prevailing party.
Civil litigation may involve a few issues or many issues. Factual investigation and extensive research of the relevant issues is always necessary. Our goal is to clarify the issues sufficiently to enable the judge and jury to make a well-reasoned decision.
In the event that the legal decision is unacceptable to the client, an appeal can be filed to ask a higher court to review the lower court's decision.
Probate litigation is commenced by a lawsuit filed by either a fiduciary, beneficiary, heir, or other interested party concerning the administration of an individual's (decedent's) will in the probate court. While probate litigation is similar to civil litigation, there are distinct differences that must be observed in order to avoid costly mistakes.
Trust litigation is commenced by a lawsuit filed by either a fiduciary, beneficiary, or other interested party concerning the administration of a revocable or irrevocable trust in either the probate, district, or federal courts. While trust litigation is similar to civil litigation, there are crucial differences that must be observed to properly litigate a case involving a trust.
Family court litigation is typically commenced by a lawsuit filed by either a mother, father, a guardian or a representative of the child or children. Family court matters are typically commenced in the family court division of the district court and involve many issues that may require outside evaluation by psychological professionals.
At Anthony L. Barney, LTD., we are experienced in probate, trust, family and civil practice, and can assist you successfully in your civil litigation matters in both the trial and appellate courts.
Estate Planning is a process of organizing an individual's assets and affairs during life for the benefit of an individual and his or her loved ones during life and at death. We assist individuals and families with the estate planning process. We can help you understand whether you should form a will or a combination of a will and trust to maximize your legacy to loved ones and avoid unnecessary legal expenses and taxes.
Each estate plan is designed and tailor-made to each client because each of our clients is unique. By starting your estate plan early, you may enjoy greater flexibility and tax savings in the future. Unlike other firms that sell each service separately, we provide among other features, a complete and comprehensive estate plan that includes a physician's health care directive (living will), burial instructions, and organ donation designation directive.
Probate Process Under a Will:
Probate is the process whereby title to property is transferred from the name of the dead to the name of the living. The probate process can be very costly and may be avoided completely through proper estate planning.
Probate Process Under a Will:
A will is simply a directive prepared by an individual (testator) during his or her lifetime to dispose of his or her property at death. A will is important, because it allows the testator to dispose of his or her property to a person of the testator's choosing, and avoid potential disputes between the testator's heirs.
However, by only preparing a will, the testator has guaranteed that the disposition of his or her assets at death will pass the person or persons chosen by the testator under the costly supervision of the probate court. At Anthony L. Barney, LTD., we are experienced estate planning attorneys, and can properly advise you concerning your directives under a will.
A trust is a relationship in which one party (the fiduciary) holds a real or personal property for the benefit of another (beneficiary). A trust is a legally recognized entity by statute, permitting real and personal property to be titled in the name of the trust. When an individual (grantor) establishes a trust, he or she is doing, in advance, the work that the probate court would do at his or her death. When an individual transfers his or her property to trust, they are transferring title out of their name, and into the name of the trust. Under the terms of the trust, the real or personal property will then be transferred to the trust beneficiary or beneficiaries at the death of the grantor. The probate process can be bypassed entirely through a properly funded trust.
There are tremendous estate tax and asset protection advantages that can be derived through a properly formed revocable or irrevocable trust.
There are numerous ways to reduce the cost of estate planning, including but not limited to transfer on death deeds or beneficiary deeds as they are commonly known in other states. There are many low-cost transfer-on-death techniques that can be employed to maximize your legacy to loved ones. At Anthony L. Barney, LTD., we are dedicated to providing our clients with the most contemporary and valuable estate planning techniques to suit their individual needs.
Determining the best business entity for your business needs can be a daunting task. Our attorneys are uniquely qualified to advise you concerning both the state and federal taxation benefits and asset protection benefits of a properly formed business entity. They can advise you which business entity is right for your business.
Business Contracts and Succession Planning:
We prepare business contracts and provide summary and review on business contracts for our clients. We prepare buy-sell agreements (redemption agreements, including but not limited to cross-purchase, entity purchase, or hybrid) for our business owners, and prepare the necessary agreements to purchase or sell a business either as a stock/unit or asset sale. We are experienced in preparing business entity conversions for out-of-state businesses seeking to take advantage of the favorable business climate in Nevada.