The death of a loved one is one of the most difficult things that you and your family may go through. During your time of grief, you may also face the challenge of settling his or her estate, a process that will first require you to consider his or her expressed wishes for what happens to assets and personal property. His or her will should outline details regarding the distribution of estate assets and other important things, such as the designation of the executor of the estate.
You may experience feelings of disappointment and confusion when you hear the terms of your loved one’s will. Perhaps you did not receive the assets you were expecting, or perhaps you feel unsure of the reasons behind certain decisions made by the decedent. However, you may also believe that something is wrong, possibly indicating a valid reason to contest the terms of your loved one’s will.
Why and when to challenge a will
Simply disliking the terms of a will is not a valid reason to challenge it. However, you may have grounds to move forward with this process if you believe that there could be problems with the validity of the document or specific terms therein. To successfully challenge a will, there must be evidence that the decedent experienced undue influence to include certain terms or lacked the capacity to make important decisions. Common reasons to challenge the validity of a will include:
- Your loved one did not have the capacity to make important legal decisions when changing or creating the will.
- There are multiple wills found, or the current will suddenly replaced an old one.
- There is evidence of undue influence from another party, ultimately manipulating the testator’s decisions for financial gain.
- There were inadequate witnesses to the signing of the disputed will.
- Key provisions are missing from the current will.
Challenging a will in Nevada is a legally complex process, and you may find that the process of successfully disputing a will is lengthy, difficult and overwhelming. If you decide to move forward with this, you will benefit from having experienced guidance at every step. It may be helpful to first speak with an experienced professional regarding your options and how to move forward with this effort.