Is this a Scam in Probate?

As experienced probate lawyers, we hear many scenarios that tell us a probate scam is happening. Read on for more. 

Probate is Public and You Get Copies of Everything

Probate scammers will try to use a probate process called “Independent Administration” because it requires very little advance notice of the scam’s activity, like selling the deceased’s home. 

They will tell you that Independent Administration makes things go faster, but in reality, it just allows them to take actions without notifying anyone. This means they can sell the house to their friends for less, and handle the deceased’s affairs without your input. 

You should receive information by mail in a probate case, and if you feel that too much time has gone by without any information, you can check the court records for updates. 

Visit clarkcountycourts.us/portal and type in the case number. You’ll see everything that has been filed. If the person you are dealing with refuses to provide a case number, hire your own attorney immediately. 

If the person you are working with refuses to provide copies of paperwork to you, hire your own attorney as soon as possible. 

It is very hard to undo the actions of a scammer if you wait too long. 

Probate Lawyers Work for You, not a House Buyer

Some scammers will encourage you to work with them because the costs are less. They will say they’ll handle and pay for everything. 

In reality, the way probate works (when it is not a scam) is that the case does not start until the family contacts a lawyer. The lawyer will go over the process and expected costs, and if the family agrees, the lawyer will have a clear contract (called an engagement agreement) laying out the services and price so that you can sign it. 

Usually, the lawyer is paid a fixed fee set by state law. They are not paid until the end of the case and only if there is money from the decedent’s accounts or home to pay the fee. 

Then, the lawyer will prepare the petition to start the case, and will keep you updated throughout the case. 

Scammers will offer to pay your attorney fee, but what this really means is that the lawyer is their lawyer, not yours. The lawyer is loyal to them, not you. It means you do not have anyone looking out for your interests. Instead, the lawyer will assist the scammer in selling the property to their friend at a greatly reduced rate. It is much less expensive to hire your own lawyer than it is to sell the property for dramatically too low a price. 

By the way, the person you’re dealing with should be happy to allow you to show the documents to your own lawyer before signing anything. If they do not want you to do that, run away fast. 

Las Vegas Real Estate is Valuable - Even if in Bad Condition

Scammers will often sound very confident that the deceased’s real estate is not worth anything. After attending probate court week in, week out for over eight years, we have learned one thing: even the most dilapidated properties in poor condition with liens often result in tens of thousands of dollars to the deceased’s family. 

There is no reason to sell early or walk away from the case altogether. Instead, the probate process has a procedure built in to ensure the family gets the most money for the property. Let that process do its work; do not believe someone who calls and says the property is worthless to you (after all, it must be valuable if they are calling you about it). 

You are Never Responsible for Debts of the Deceased

Do not believe a scammer who tells you that you will be responsible for the debts of the deceased, including mortgage payments, taxes, liens, or other debts. These things will be paid for by selling the property in the probate case and you are never responsible for them personally. 

Scammers will also encourage a quick sale because the property is occupied by squatters. A reputable probate lawyer has eviction resources to get rid of squatters, and the process is much easier and less time consuming than scammers would have you believe.