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How a will can be contested

by | Dec 9, 2020 | Estate Litigation, Wills & Trusts

It is important for everyone to leave a directive regarding certain assets and aspects of their life when they pass on because dying intestate in Nevada can often leave the family in limbo. When this is done late in life, members of the family can actually contest the validity of any estate plan unless it is duly established and signed in accordance with Nevada law. Aside from the document not being consistent with state law, there are also a few other grounds for a legal contest.

Lack of mental capacity

Individuals commonly lose control of some personal faculties as they age, and adjustments may be made in estate planning shortly before passing. When this happens while the designating individual is in a declining mental state, arguments can be presented that they did not know what they were doing at the time of designation.

Unduly influenced

Sometimes, changes in a will or the writing of an estate plan late in life are done due to pressure from a specific individual or group with something to gain personally by the signing. This can happen with people who have had a long-standing will that is changed or with someone who has no will at all. The decedent may have been restricted from contact with other family members.

Fraudulent procurement

Elderly individuals who sign documents can be misled before signing in a variety of ways. Fraudulent acts might include providing a different document, such as a will that is stated as a deed but instead provides a sweeping transfer of certain assets to one particular person at the time of signature.

Nevada estate planning attorneys may be able to help prove when individuals are being pressured into changing a will late in life, and they know what signs to look for in contesting will validity. This intricate investigation process may take experienced legal counsel for a successful outcome, especially when the state is being petitioned to investigate the matter.