It is common for disagreements to arise following the death of a family member or a loved one. One of the most common disagreements involve disputes over a last will and testament. These types of situations can involve a will which is outright invalid, a will that was poorly drafted, or a will that is only flawed in certain areas. Fortunately, Nevada law allows an heir to dispute the document or a portion of it. Such disputes involve complicated legal issues and it is important that you retain a qualified attorney to represent you. Our Las Vegas lawyer assists with disputes of a last will and testament. If you or a family member are in need of assistance then contact us today for an initial consultation.
Attorney representing Las Vegas residents who wish to challenge a will
There are several grounds upon which a will can be disputed in the state of Nevada. The document may be considered completely invalid if it was not properly executed, if it was signed under duress, if it was signed while the testator (the person making the will) lacked the capacity to do so, or if it was signed due to coercion. There may also be a dispute over whether the will has been altered or whether, in fact, a subsequent document was drafted to replace it. Other disputes may revolve around the meaning of vague language in the document, the fact that certain property is or is not included in the will, and whether provisions of the will are permitted under Nevada’s estate laws. If the document is invalidated in its entirety then it will be as if the deceased died without a will. If only portions of the document are invalidated then how property is handled will depend on the specifics of the case.
The process of disputing a will typically involves filing a challenge with the Probate Court. The handling of the estate will largely be halted until the Court determines whether or not the document is valid. Depending on the circumstances, each side may conduct discovery to gain information in support of their claims. After evidence has been gathered, the Court will hold an evidentiary hearing, which is similar to a trial. A ruling will be issued shortly thereafter and probate will resume. The party who loses the challenge may, however, file an appeal and request a stay of the probate while the matter is pending at the higher Court.
An important point to stress in regard to challenging a will is the need to act quickly. Challenges may only be brought within a certain amount of time after the process has begun and if this window is missed then an heir may lose their ability to see recourse. Also, if the estate is wrapped up quickly then recovering assets after they have been distributed can become highly complicated. These are some of the reasons why it is important to speak with a lawyer if you believe you are not receiving your rightful inheritance or if you have been cut out of a will altogether.
Our Las Vegas will contest lawyer assists those who wish to bring a challenge during probate. Nikki Dupree-O’Brien has been practicing law since 2008 and understands the need for immediate action. She will use your initial consultation to review the will, to gain an understanding of the situation, and will give you an honest assessment of your options. Nikki will timely file your challenge with the Court and will seek an immediate stay of the probate. Our firm understands that no two situations are the same and we will work to build a record that supports your claims and will aggressively represent you at the evidentiary hearing. Most importantly, we will be in regular contact with you as the case moves forward so that you know what to expect from the process. We are proud of the level of service we offer and we look forward to being of assistance. Contact us today.
Lawyer handling various types of challenges to a Nevada probate
There are several issues which can arise in a probate beyond the challenging of a last will and testament. These can include challenging a living trust, disputes involving creditors, litigation against the executor, and more. It is not uncommon for these issues to be intertwined with a challenge to the will. Our firm applies extreme attention to detail to all matters in the office and we understand how various issues may impact one another. If you are involved in complex estate litigation then our lawyer is able to assist you.