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.
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.