When a loved one dies, there are a lot of things that have to be handled. One of these might be taking care of their estate. Many estates go through the probate process and are settled without incident; however, will contests can sometimes occur.
A will contest is more than just a disagreement about the will. Instead, it is a formal process that calls certain points of the will into question. In Nevada, will contests focus on the circumstances surrounding how the will was created, signed or interpreted.
What can be questioned?
Common questions include whether the person who was making the will had the mental capacity to make decisions and whether anyone had undue influence over the decisions that were made. The contest may also question whether changes made to a will near the end of life were truly what the decedent wanted.
What will courts consider?
Courts will look at a host of factors, such as medical records, witness testimony, financial documents, communication and prior versions of the estate plan. The court’s duty is to determine if the legal standards were met, not to figure out what is fair for anyone involved.
Contesting a will must be done swiftly because of time limits set by law. These challenges can lead to tension between family members, particularly those on opposing sides of the issue. It’s best to learn about the options that are present in these cases, so working with someone familiar with them might be beneficial. Once those options are clear, it’s critical to determine the best way to proceed.