Disputes can arise during the probate or trust administration process. Probate litigation involves legal challenges related to wills, estate administration, and the actions of the personal representative. Trust litigation involves disputes concerning the interpretation of trust documents, the actions of trustees, and the rights of beneficiaries.
Our Las Vegas probate attorneys have experience handling a wide range of Nevada probate and trust litigation matters, including:
- Will contests (challenging the validity of a will).
- Breach of fiduciary duty claims against personal representatives or trustees.
- Disputes over the interpretation of wills or trust documents.
- Actions to remove a personal representative or trustee.
- Claims against the estate.
- Disputes involving accountings.
Why Choose Us at Simplifying Probate
When facing an estate dispute, you deserve knowledgeable and compassionate legal counsel. At Simplifying Probate, our founders’ personal experience with probate inspires our client-centered approach. We aim to lift the legal burden from your shoulders so you can focus on healing and grieving.
Our firm focuses exclusively on Nevada probate and estate law. This concentration provides us with thorough familiarity with state procedures, courts, and statutes, enabling us to deliver tailored strategies backed by over 20 years of combined experience.
We use a streamlined, transparent process designed for efficiency and accuracy, helping reduce delays and move cases toward prompt resolution and asset distribution. We treat every client like family, with clear communication, empathy, and dedicated advocacy from start to finish.
How Does the Probate Process Work in Nevada?
Probate is the court-supervised process mandated by Nevada law for settling a deceased person’s estate. It ensures assets are identified, debts and taxes are paid, and remaining property is distributed to rightful heirs or beneficiaries. While details vary by estate size, the general steps include:
- Lodging the will: If one exists, the person in possession of it must file it with the district court in the decedent’s county within 30 days of death.
- Filing a petition and appointing a personal representative: The personal representative (PR) requests court authority to administer the estate.
- Providing notice: The PR notifies heirs, beneficiaries, and creditors as required by NRS 155.020.
- Inventorying and appraising assets: The PR collects, values, and reports assets to the court.
- Paying debts and expenses: The PR pays valid creditor claims. If a claim is rejected, the creditor may file suit within 60 days.
- Final accounting and distribution: After debts are cleared, the PR submits a final report and distributes remaining property to heirs or beneficiaries according to the will or under Nevada’s intestacy laws if no will exists.
- Closing the estate: The court approves the final accounting and discharges the PR.
Larger or contested estates may take longer, but Nevada also provides simplified options for small or uncontested estates that meet statutory criteria.
What Is Probate and Trust Litigation?
Probate and trust litigation involve resolving disputes that arise during or after the administration of a will or trust. Probate litigation occurs in probate court and focuses on contested issues such as a will’s validity, the interpretation of estate planning documents, or the PR’s actions. It becomes necessary when heirs or beneficiaries challenge a will or allege a breach of fiduciary duty.
Trust litigation often proceeds separately from probate, since trusts are designed to avoid court supervision. These disputes often concern the creation, interpretation, or administration of the trust, especially allegations that a trustee mismanaged assets or violated fiduciary duties owed to beneficiaries.
What Are Typical Grounds for Trust Disputes?
Trust disputes often arise when there are concerns about how a trust was created or managed. Common grounds include:
- Lack of capacity: The settlor may not have had the mental ability to create or amend the trust.
- Undue influence: Someone may have pressured the settlor to make favorable changes.
- Fraud or misrepresentation: The settlor may have been deceived about the trust’s terms.
- Improper execution: Missing signatures or failure to meet statutory requirements can invalidate a trust.
- Later instrument: A newer trust or amendment may override an older one.
- Breach of fiduciary duty: Trustees must act loyally and prudently. Mismanagement or self-dealing can lead to liability.
- Ambiguity or misinterpretation: Unclear trust language may require court interpretation.
- Accounting disputes: Beneficiaries may demand accurate, transparent reporting.
- Modification or termination issues: Parties may seek to change or end a trust due to mistake or changed circumstances.
Our attorneys evaluate each dispute carefully, advising whether to pursue litigation or a negotiated resolution through mediation or settlement.
Call Our Las Vegas Probate and Trust Litigation Lawyers Today
If you are involved in a probate or trust dispute, we can provide strong legal representation to protect your interests. We will analyze the facts, explain your legal options, and advocate for your position in negotiations or in court. Call our Las Vegas probate and trust litigation attorneys at Simplifying Probate today for a free consultation.