By creating a will, an individual is expressing wishes regarding what should happen to personal property after his or her passing. This document can give clear instructions regarding how the executor should distribute assets and what will happen with other parts of the decedent’s Nevada estate. However, after the death of a loved one, you may find that there are issues with the will that could affect the fair distribution of assets or the rights of heirs and beneficiaries.
Problems with a will are a significant legal challenge. One of the only ways you can confront issues with an estate plan and seek a resolution to your concerns is to challenge the will. This is a complex legal process that may take time to complete, but it could be the most appropriate way forward. You will benefit from learning more about how a will contest works and what you can expect from the process.
The validity of the last will and testament
If you decide to contest a will, you are saying that there is a specific reason why the current last will and testament is invalid. Simply disliking the terms of a will or wanting to be a beneficiary of the estate is not a sufficient reason to challenge the will. To contest a will, you must be able to present evidence that the will is invalid for reasons that may include undue influence or lack of testamentary capacity. The process of challenging a will may include the following steps:
- Determine whether you have legal grounds and the right to challenge the will.
- Identify the reason to initiate a will contest, and gather the appropriate evidence.
- Seek appropriate guidance and an honest assessment of your legal options.
The death of a loved one can bring out many difficult feelings and even conflicts with other loved ones, but a will contest is not always the best approach for resolving these issues.
Should you move forward?
You will benefit from giving careful consideration to your options before you move forward with a will contest. If there are valid grounds to challenge the validity of the last will and testament of your loved one, you will need sufficient and clear evidence in order to be successful with this effort. As you consider your options, you may benefit from speaking with a professional who can provide insight regarding the most appropriate and effective way to deal with your concerns.