A will is a legally binding document that Nevada courts recognize unless there is a valid reason to believe it does not reflect the legal reality. To contest a will in Nevada, you must show that the will was not signed properly, the person’s mental capacity at the time of signing is in question, there was undue influence applied over the party while signing the will, or the procurement of the will was fraudulent.
It is not simplistic to challenge and win a will, but with the guidance of a Las Vegas will and trust contests attorney, you will better understand your rights and the opportunities for doing so.
When to Contest a Will in Nevada
You can contest a will within three months after the court admits it to probate. Probate is the legal process by which a judge appoints a designated person, called the executor, to settle the estate. The probate process requires settling all debts owed by the estate and notifying beneficiaries if their name is on the will. Because the probate process is intended to be efficient, there is little time within this three-month timeframe for beneficiaries to contest the will’s validity. This includes anyone not named in the will but with a claim.
It is very important for anyone interested in contesting the will to know that the court is not likely to simply agree to changes. The court views the will as the decedent’s final statement and takes every step to properly act on those wishes. That person cannot speak for themselves, and the court views the will as being their voice in these decisions.
If you wish to contest the will, then you must demonstrate clearly why this is within the deadline provided. If you fail to act quickly, you will not have the opportunity to contest it later. If you believe there is reason to contest the will, then act as quickly as possible after the death of a loved one or upon the filing of the estate with probate. That typically means hiring a probate attorney in Las Vegas within a few weeks.
Who Can Contest a Will in Nevada
The law allows anyone with a valid claim to contest the will, meaning the entity or person must have some type of “standing” to contest it. That means the person contesting the will will be personally impacted by the outcome of these decisions. It cannot be brought by just anyone who feels the will is invalid.
Allowable Grounds for Contesting the Will
Under Nevada law, contesting a will can only occur when there is a valid reason to do so. “Valid” is a critical term here, as the court must see this challenge as necessary and worthwhile. Some of the most common grounds for contesting a will in Nevada include:
- Lack of testamentary capacity: This is the belief that the testator, who is the person who created the will, was not of sound mind at the time of doing so, did not understand the nature of their property, or did not understand who they would leave it to at the time of the signing of the will.
- Undue influence: The testator was coerced, manipulated, or pressured into making the will, or into changing a previously completed will, by another person.
- Fraud or forgery: Proving that the will was signed under false pretenses, or created under such false pretenses, or the signatures were not authentic, such as the testator being tricked into signing a document without knowing it was the will.
- Improper execution of the will: In some way, the will does not meet the legal standards set by the State of Nevada, such as not being signed in the presence of at least two witnesses.
- Demonstrating proof of a newer will: A newer will exists that revokes the contents of the older will.
Demonstrating any of these elements allows someone to contest a will. The key here is that you must demonstrate what is inaccurate or outside of the bounds of Nevada’s laws and have some type of proof of that. Your statements alone may not be enough.
The Process for Contesting the Will in Nevada
After establishing your standing in contesting the will and the timeline for doing so, it is beneficial to consult with an attorney to guide you through the process of contesting it. In all cases, you will likely need to work through several steps:
- File a petition with the court where probate is occurring. This initiates the legal action in the probate court where the person passed. Typically, this occurs in a county court setting.
- The court may appoint a special administrator. This person then handles the estate during the dispute.
- The other parties are notified, and a discovery period begins. This process enables the exchange of information between the party contesting the will and the executor, with the probate court overseeing the exchange.
- A formal hearing occurs. In most situations, mediation will result in a decision. If that does not occur, a judge decides on the will’s legality and the claims made by the party contesting it.
In Nevada law, it is possible for a will to contain a “no contest” clause. This does not mean a contest cannot occur; rather, it means that if a party contests the will and the contest fails, the challenger faces consequences, such as losing some or all of the assets left in the will. It may be possible to overcome this clause if you can show you took the steps in good faith.
How an Attorney Aids in Contesting a Will in Nevada
The law has very narrow areas for when you can contest a will, both in terms of time and in just cause. Your attorney will help you determine if you have the right evidence to take these steps. Not having that evidence can lead to a costly process and delays, since the court is not inclined to adjust a will without a clear reason. Your attorney puts your best possible scenario forward throughout this process. Contact Simplifying Probate Attorneys today.