The passing of your loved one can present a stressful time, especially when there is an issue with his or her will. According to the State Bar of Nevada, probate is mandatory for estates in which the decedent’s property is worth more than $20,000. Additionally, any estate that involves real estate will have to go through probate.
You do have the option to contest a will that is going through the process. According to state law, you have three months to file a petition that the will should be rendered invalid. The state requires that you must have evidence that would indicate that something is wrong with the will, such as the following:
- That the decedent was not of sound mind when he or she created the will
- That there was some type of fraud involved in the creation of the will
- That the decedent was under undue influence when he or she created the will
- That there were not the proper witnesses there to sign the will
There are several outcomes to successfully contesting a will. If, for example, the deceased person had a previous will, the court could invalidate the current document and reinstate the former. In situations in which the decedent did not have a previous will, the court may choose to use the state’s intestate succession laws to distribute assets. Lastly, the court could simply determine that only a portion of the current will is invalid.
You are also able to dispute property distribution if you believe that a professional committed a wrongdoing, such as interfering with inheritance or taking action that would constitute a breach of fiduciary duty. In any case, it is imperative to have the right legal help to guide you through the process.
While this information may be useful, it should not be taken as legal advice.