When the validity of a decedent’s will or trust is in question, an eligible party can contest it, triggering the court to conduct a thorough review. During this process, you will need a Henderson probate lawyer who can guide you through the complex legal process. Simplifying Probate has extensive experience handling these situations and securing favorable outcomes. Contact us today to begin working with us.
Why Choose Us at Simplifying Probate?
- At Simplifying Probate, we represent you whether you are contesting a will or trust or protecting the estate from a contest, so that the matter is settled fairly.
- We know that this is a difficult time for you, and we will guide you through litigation and probate with the compassion and quality service you deserve.
- Our team applies the full force of our legal knowledge, experience, and familiarity with the court system to resolve the matter as swiftly as possible.
Why Would You Want to Contest a Will or Trust in Nevada?
Nevada allows interested parties to contest a will if its validity is in question. This means an heir, beneficiary, devisee, or creditor can challenge the will or trust on the grounds that the decedent was not of sound mind, was under duress, or was the victim of menace, fraud, or undue influence. If these factors impacted the decedent’s freedom or decision-making power, then the will may be declared invalid as a result.
How a Will is Contested
When a will is contested on one of the grounds mentioned above, the party contesting the will must follow a specific process as outlined in NRS 137. The individual is legally required to take the following steps:
- File a petition stating the grounds of their challenge
- Provide notice to heirs, beneficiaries, devisees, and creditors
- Wait 30 days for heirs, beneficiaries, devisees, and creditors to respond to the contest
- The party contesting the will has 10 days to provide a follow-up to the response by other interested parties
- The court must review evidence and testimony to verify the validity of the will
- A verdict or judgment is issued to either uphold the will and proceed with probate, or reject the will and proceed with intestate succession
Contesting a Trust
While the grounds for contesting a trust are the same as for a will, the process is a little different per NRS 164.015. A trust can be contested while the individual is either alive or dead, and administration of the trust can be challenged as much as the trust itself. If an individual has a will and a trust, the court may review both simultaneously to determine the validity of each and how to proceed. A jury may also be required to provide an advisory opinion on the matter.
Contact Our Henderson Will and Trust Contests Lawyers Today
At Simplifying Probate, we streamline the legal process to validate the will or trust and make sure all necessary steps are taken to settle the estate. We are equipped to handle contests and disputes so probate administration goes as smoothly as possible. Schedule a free appointment with our team today at (702) 800-8354 to discuss your case.