Rosenauer & Wallace focuses its practice on the fields of law identified below. Through this focus we are able to ensure our clients receive the highest quality of representation by attorneys with experience and knowledge. Further, we enjoy our work and take interest in the areas of the law our practice is geared towards. The end result is a focused and prepared law practice ready to meet each client’s individual needs. Our practice areas include:
Estate Administration – Probate
Historically, the term “probate” was used to describe the process of proving the validity of an individual’s Last Will and Testament. Now, the term is more generally used to describe the process of administering a Decedent’s Estate under the supervision of a Court having proper jurisdiction. Probate law guides the administration of a Decedent’s Estate in instances where the Decedent passed away having effectuated a valid Last Will and Testament (a “Will”), and where the Decedent passed away having executed no valid estate planning documents prior to their death (known as an “intestate estate”). The probate process in Nevada is governed by the Nevada Revised Statutes, which are designed to ensure the protection of all interested parties to a Decedent’s Estate.
Our office is skilled in all types of probate matters, having vast experience in this field. We have handled simple probate matters to the most complex of probate administrations, and everything in between. We routinely represent executors, administrators, creditors and beneficiaries throughout the probate process, and would be privileged to assist you and your family when faced with legal needs in this area.
In its most basic definition, a “Trust” is a document which creates a legal entity during a person’s lifetime, or upon their death. The Trust oversees its corpus, or those assets which it legally owns or has control over. These assets – the corpus – is managed or administered in the manner directed by the terms of the trust. Generally, a trust will identify a “Trustee” who becomes responsible for administering the trust. The trustee carries fiduciary duties to all others having an interest in the Trust. A trustee can be an individual, multiple individuals, a professional fiduciary, or even a corporation.
The complexity of a trust administration is generally dependent upon the intricacy of the trust documents and the nature of the trust corpus. In almost all instances, the trust will allow for the trustee to retain legal counsel to assist and guide the trustee during the administration of the trust, as well as protect and defend their actions as fiduciaries to those interested in the trust. Such legal representation is paid for from the corpus of the trust.
The attorneys of Rosenauer & Wallace are experienced in guiding all types of trustees through the most complex trust administrations, as well as defending them in the face of a challenge to their position or actions. We are familiar with the many variations and forms of trust documents, and can assist in making the daunting task of enacting a trust administration smooth and efficient.
Trust, Estate, and Fiduciary Litigation
When it comes to the Trust or Estate of a loved one, we hope that you and those close to you never encounter any difficulty. Unfortunately, at times you may need to protect your rights and interests in a loved one’s trust or estate, or defend your actions as the fiduciary of a trust or estate.
When conflict arises regarding an estate plan, it commonly takes two forms: (1) a challenge to an estate plan document such as a trust or will, or (2) a challenge pertaining to the administration of a trust or estate.
Challenges to an estate planning document, such as a trust or will, commonly revolve around issues such as a lack of mental capacity, fraud, duress, and undue influence. Challenges pertaining to the administration of an estate or trust frequently examine the actions of the fiduciary overseeing the administration, or pertain to issues that arise from the creditors and/or beneficiaries.
At Rosenauer & Wallace, we use our knowledge of trusts and estates to guide our clients through all aspects of trust and estate litigation. We have represented clients on all sides of these disputes, and have successfully protected their interests in a caring and efficient manner. Our experience in these delicate matters has seen us work with clients to both resolve issues outside of the court, and when necessary, protect their interests all the way through trial. Simply stated, we work with our clients to solve problems and create solutions that meet their needs.
We confidently take on all types of Trust and Estate disputes, and are here to assist you through this difficult process. Whether you are the Trustee of a Trust, the Personal Representative of an Estate, the beneficiary of any estate planning document, or you need to contest a will or trust that was improperly produced – we are here to help.
Legal disputes are difficult and often unavoidable, making the choice of legal representation critical. Michael and McClure take pride in personally connecting to all aspects of your legal needs in the face of conflict, ensuring a complete understanding of your goals and interests. Their clients receive meaningful legal advice supported by effective legal strategies.
Michael and McClure are skilled in negotiation, mediation, arbitration, and formal litigation. They have successfully handled both bench and jury trials, and when possible effectuated settlements that serve their clients. Further, they have overseen legal disputes of all sizes across many areas of the law in Nevada’s State and Federal courts. Should you need to pursue your rights, or defend them, Michael and McClure are ready to help.
Rosenauer & Wallace is proud of its status as a small business in the Northern Nevada community. In that same vein, Rosenauer & Wallace has successfully assisted numerous small and medium size businesses with their legal needs during its existence.
The legal needs of a business are often unexpected and require immediate attention. Our practice is able to adapt and be responsive to the business needs of our clients, guiding them through the multitude of issues they may face at any one time.
A business needs to run efficiently, and avoid unnecessary legal distractions. We are here to not only help protect your business from unexpected legal issues, we also provide the necessary support to minimize and resolve them when they arise. From a contract matter, to an employee issue, and everything in between, do not hesitate to call us if we can assist you with your business needs.
Real Property Matters
Issues that can arise concerning real property are seemingly endless. From complex real estate transactions, to title disputes and easement issues, the purchase and ownership of real property often requires legal guidance.
Rosenauer & Wallace has vast experience in this broad field of the law, having represented an expansive array of clients ranging from individuals to title companies. We have overseen and navigated complex real estate transactions, title litigation, easement and boundary disputes, quiet title actions, and document review and interpretation. From small transactions among family members to complex commercial matters, we are armed with the knowledge necessary to guide our clients through whatever concerns they are faced with.
The ownership of real property is meant to be a productive and useful investment for individuals, families, investors, and businesses. On a more personal level, property ownership is designed to ensure that individuals and families have a home they can enjoy in peace and privacy. We endeavor to ensure our clients’ rights are protected and their goals are met in all real property matters. If we can provide you or your business assistance in the face of any issue concerning real property, please contact us at any time.
A guardianship may be in order when a person is unable to manage his or her physical or mental wellbeing, health care needs, money, or assets. In Nevada, when one of its citizens faces this difficulty, a Nevada resident may petition the State District Court to be appointed as the Guardian of that individual’s person and/or estate. The acting party is then referred to as the “Guardian” and the person they are seeking to assist the “Ward” or “Protected Person”.
Generally, a legal Guardian is a concerned family member, an individual appointed in the Ward’s estate planning documents, or a professional guardian trained in to assist those in need. Once a Guardian is appointed by the Court through a proper demonstration of difficulties facing the Ward, the Guardian becomes legally responsible for the Ward’s person and/or estate.
Guardianship matters are sensitive legal proceedings that require both specialized legal knowledge and personal attention for not only the Ward, but also their family and friends. We are experienced in all types of Guardianship matters, having represented family members acting as the Guardian for a loved one and professional Guardians assisting a person in need. Our attorneys have also protected the interests of both a proposed Ward, and those concerned about them. If you are facing uncertainty about the ability of a loved one to take proper care of themselves, or are facing uncertainty about your own well-being, it would be our pleasure to help in any way.