If you suspect that a will or trust is invalid or need to respond to another party’s challenge, then it is essential to hire a Las Vegas probate lawyer. This process is complex and requires litigation, so it is beneficial to have an advocate on your side throughout the process. Simplifying Probate works closely with you to identify solutions to ensure your loved one’s estate is settled fairly. Contact us today to learn more about how we can help.
Why Choose Us at Simplifying Probate
- Simplifying Probate possesses extensive knowledge on Nevada’s probate laws and contested wills and trusts, so we can efficiently and effectively resolve the contest and settle the estate.
- Our team gathers evidence and testimonies to support your claim and reviews what the opposition has gathered to better advocate for you and hone our strategies.
- We are familiar with the court system and communicate on your behalf to ensure your contest or claim to the estate is not hurt during the process.
Grounds for Contesting a Will or Trust
A will or trust can be contested if the decedent’s capacity or freedom was in question at the time of its origination. These estate planning documents can be challenged on the grounds of:
- Competency: Refers to the decedent’s capacity to be of sound mind and have an awareness of their estate and actions to create a will or trust.
- Duress: The decedent was pressured or harmed to create the terms of a will or trust under threat of harm.
- Menace: The decedent was subjected to fear or manipulation to create the terms of their will or trust.
- Fraud: The decedent created or changed their will or trust based on false information.
- Undue influence: Authority or leverage was used to make the decedent create a will or trust against their own wishes.
Only interested parties, such as heirs, beneficiaries, devisees, or creditors, have the right to contest a will in Nevada.
Process to Contest a Will or Trust
Contesting a will involves a trial before a judge and jury. An interested party must provide a written reason for challenging the will and must provide notice to all other interested parties. Each party has a limited amount of time to respond to the content before a trial. During the trial, the court will review the testimony and evidence presented by each party before rendering a judgment on whether or not to uphold the will.
A trust may also be contested before or after an individual dies. The trust itself or the appointed representative can be challenged. Interested parties must submit their contest to the trust for the court to review and issue a decision on its validity. Contests to trusts and wills may be heard at the same time when needed. All decisions on contested estate documents are final and binding.
What Kind of Evidence is Needed to Contest a Will or Trust?
To contest a will or trust in Nevada, you must present evidence showing the document is invalid or improperly executed. Common examples include:
- Medical records: If you argue that the decedent lacked capacity, evidence such as doctors’ notes, hospital records, cognitive evaluations, or testimony from treating physicians or caregivers can show diminished mental ability at the time the will or trust was signed.
- Witness testimony: Individuals who saw the decedent in the relevant period may testify about their demeanor, lucidity, statements, behavior, or whether they appeared pressured or confused.
- Expert opinions: A forensic handwriting expert can analyze signatures or handwriting to detect forgery or alterations. A psychiatric expert may opine on whether undue influence or mental impairment was likely. In some cases, experts on financial, behavioral, or elder abuse can assist.
- Communications and correspondence: Letters, emails, text messages, or recorded conversations may reveal whether the decedent expressed conflicting intentions, was misled, coerced, or isolated from others.
- Documentary evidence: Prior versions of a will or trust, earlier drafts, or amendments may show how the decedent’s intentions shifted over time. Bank statements, account transfers, or property title changes can show if someone was influencing the decedent’s finances before execution.
- Circumstantial evidence: Evidence that a dominant beneficiary controlled the decedent’s daily life, finances, or social interactions may help demonstrate undue influence even without direct proof. A pattern of sudden financial dependence, appointment of a caretaker, or exclusion of close relatives may be relevant.
- Procedural irregularities: If the will or trust was executed without proper witness or notary signatures, or in a setting inconsistent with the decedent’s usual practice, that may raise suspicion. Showing that the execution did not comply with statutory formalities can cast doubt on validity.
Courts presume wills and trusts are valid, so the burden is on the challenger to prove otherwise. It is crucial to act quickly when a contest is anticipated because evidence and memories fade.
Do Will or Trust Contests Delay Estate Distributions?
Yes. Filing a contest often pauses or slows the distribution of assets until the dispute is resolved.
- Estate delay: Probate courts often appoint a special administrator or freeze distributions during litigation.
- Trust delay: Under NRS 164.021, beneficiaries have 120 days after a trust becomes irrevocable and notice is sent to contest. Trustees usually suspend distributions during that period.
- Court orders: Judges can issue injunctions, freeze assets, or require fiduciary bonds to protect estate property.
- Litigation time: Discovery, hearings, and possible appeals can extend resolution by months or longer.
While some delay is unavoidable, our experienced attorneys can reduce disruption through efficient case management and early settlement discussions.
How Long Do I Have to Contest a Will or Trust in Nevada?
Nevada law imposes strict deadlines for filing a challenge:
- Wills: Under NRS 137.080, an interested party must contest within three months of the order admitting the will to probate.
- Irrevocable trusts: Under NRS 164.021, interested parties have 120 days from when the trustee serves notice that the trust has become irrevocable. After that period, challenges are usually barred unless the party never received notice.
In rare cases, such as incapacity, lack of notice, or discovery of a later document, the court may extend deadlines, but this is uncommon. Because timing is critical, consult our Las Vegas probate attorneys immediately after receiving notice to preserve your right to contest.
Contact a Las Vegas Will and Trust Contests Attorney Today
Simplifying Probate provides trusted counsel when a will or trust is contested. We work to achieve fair estate outcomes that reflect the decedent’s wishes or protect the rights of heirs and beneficiaries. Our team is your advocate throughout every stage of the process. Contact us today at (702) 800-8354 to schedule a free consultation and discuss your options.