A Personal Approach To Resolving Your Estate Planning & Litigation Concerns

Signs that a will may be challenged in Nevada

by | Aug 31, 2022 | Estate Litigation

Ideally, when someone in Las Vegas passes away, they have a valid will in place. A proper will helps the executor settle the estate without any problems.

But problems with the will can lead to a will challenge in probate court. If successful, a will challenge can dramatically change who inherits the deceased person’s estate — and how much of the assets each heir receives.

5 signs a will could be invalidated

Someone challenging a will must have a better reason than they are unhappy with the size of their inheritance. Nevada probate law contains certain requirements for a will to be accepted by the court. Here are five reasons someone might challenge a will.

  • The will was not properly signed by the testator, witnessed or notarized. Nevada law requires two witnesses to the signing of a will.
  • The testator lacked mental capacity when the will was created. For example, they were suffering from dementia or a brain injury.
  • The testator was the victim of undue influence from someone else. A family member or caretaker can manipulate, trick or intimidate an elderly, vulnerable person into changing their will to make the influencer the primary or sole heir.
  • The testator had a prior will that they did not properly revoke when they created the new one.
  • Fraud, i.e., the will is a forgery.

A will challenge can result in a complicated lawsuit involving multiple heirs and other interested parties. Because it typically pits family members against each other, this type of litigation can also be highly sensitive and emotional. But with the right strategy, you as heir or executor can protect your rights and find a reasonable resolution.