Challenging A Court’s Decision In Estate Litigation
When a court decision does not go your way, you may feel like giving up hope. All is not lost, however. If you think the court made any type of mistake, you could appeal the decision. You may appeal most probate court orders, including determination of heirship, distribution of property, appointment of a trustee or personal representative and many more.
At Solomon Dwiggins Freer & Steadman, LTD., we have decades of combined estate litigation experience, including appellate work. Our litigation team is ready to handle complex, high-stakes appeals. We are also a trusted partner for co-counseling on appellate matters.
Nevada’s Appellate Court Process
The appellate courts do not relitigate the facts of a case. Rather, they look to see if the lower court made a legal error that they should correct. The first step is to have our appellate attorneys review the probate court’s decision to determine whether we could make a strong argument that the lower court made a legal mistake.
Once you file your appeal, the Nevada Supreme Court will decide if they want to review the case or pass it off to the Nevada Court of Appeals, an intermediary court. Once the court schedules the case, both sides must file a written brief arguing their positions. In some cases, the court will decide to hear oral arguments from each side. After reviewing all arguments, the court will issue a decision. The appellate process may take over a year.
When Is An Appeal The Right Choice?
As stated above, Nevada law allows you to appeal many types of probate court orders. At Solomon Dwiggins Freer & Steadman, LTD., we are proud of our courtroom success rate. Simply because you can appeal, however, does not always mean it is the best choice. We will give you an honest assessment of your case and your likelihood for success. We understand that litigation is costly and may not be the best use of your resources unless the outcome will make a significant difference to the estate administration.
Consult With An Appellate Attorney Today
If you are thinking of appealing your court decision, contact our office today. You have limited time to appeal. Call our Las Vegas office at (702) 853-5483. You may also contact us online. We welcome calls from lawyers seeking appellate co-counsel.