Eligible parties are allowed to contest a will or trust if they believe it is invalid. These situations are often complex and stressful, and a Reno will and trust contests lawyer can simplify the process and provide experienced guidance. With the help of our Reno probate attorneys at Simplifying Probate, you can rest assured that your loved one’s estate will be settled fairly.
Why Choose Us at Simplifying Probate?
- Simplifying Probate navigates the complexities of will and trust contests to find solutions and protect the decedent’s wishes and your interests.
- Our firm helps file court documents, collects and reviews evidence and testimonies, and takes swift action when disputes arise.
- We guide you through the legal process and trial to provide clarity and reduce your stress throughout probate.
When a Will or Trust can be Contested in Reno
If you or another interested party is concerned about the validity of a will or trust, you have the right to contest it. This means that you petition the court for verification before probate or administration can proceed. A will or trust can be contested on the grounds that the creator of the will or trust was lacking capacity, or was under duress, menace, fraud, or undue influence at the time that they created or changed the document.
Contesting Wills and Trusts in Reno
Settling a dispute over a will or trust often requires litigation and court oversight. The will must be validated or revoked before the rest of the probate or administration can be conducted. This requires specific legal action and a thorough investigation and review by the court. These situations are often complex, so it is beneficial to hire a lawyer to represent you in these matters.
For a will, the contesting party must submit a petition stating the grounds on which they are challenging the will, according to Nevada’s statutes on contests of wills. Prior to the subsequent trial, all interested parties must be given notice of the contest and a chance to respond. The court will make a decision on the will after hearing from each party and reviewing the evidence. Probate will commence for wills that are upheld, and intestate succession will commence for wills that are revoked.
For trusts, a petition and notice must also be initiated to trigger a review of the trust and its administration. It will take action to verify the validity and legality of the document before issuing a binding decision about the trust. One of the differences between a will and a trust is that trusts can be contested while the individual is still living.
Call a Reno Will and Trust Contests Attorney Today
Simplifying Probate is your legal guide when you are contesting a will or responding to one. We dig into the facts of the case and advocate for you in court so your loved one’s estate is protected and equitably settled. Call our Reno probate attorneys today at (702) 800-8354 to schedule a free consultation.