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Adult children may contest the will if they are removed

by | Oct 19, 2021 | Estate Litigation

It is not uncommon for Nevada residents to expect their parents to leave them some form of inheritance. Even if the parents do not have much, a few sentimental items may still be anticipated and appreciated. However, issues can arise when adult children find out after a parent’s passing that they have been removed from the will. As a result, they may wonder whether they should contest the will.

Unfortunately, this type of scenario happens more often that many people may think. In particular, if a parent remarries after divorce or the passing of a first spouse, the new spouse may expect to receive all of the assets that were once meant for the children. If a will has been updated, individuals named in the previous version typically have standing to contest the new will if they believe grounds exist for doing so.

Reasons, or grounds, to contest or challenge a will include the following:

  • Undue influence, which could happen if a new spouse took advantage of an ailing parent and influenced him or her to change the will to remove the children
  • Lack of testamentary capacity, which means that the parent did not have a sound mind to make changes to the will
  • Improper execution, meaning that the will did not meet the legal requirements to be valid under state law

Depending on the exact circumstances, some adult children may not feel it is worth the time and effort to contest the will. However, if individuals strongly believe that an unscrupulous party is attempting to grab their parent’s Nevada estate, thoroughly exploring their legal options may be a prudent step to take. Discussing the specifics of the situation with experienced probate law attorneys could help concerned individuals determine whether litigation is right for them.