Contesting a Will

In Nevada, a will is a legal document that makes clear a person’s wishes for their affairs and assets after their death. Wills often contain information about who should receive guardianship of any minor children, how assets should be distributed, and who will serve as the executor of the will. However, in some cases, an heir may choose to dispute or challenge the will. This is known as contesting a will.

Only certain people are eligible to contest a will in Nevada. Legal standing to contest a will requires that you are:

• A person named in the will (beneficiary)
• A person who was in a previous will, and then written out of, or had their share of the estate significantly reduced in a more recent version of the will
• A person who is not named in the will but would otherwise be entitled to inheritance if the will was not in place. (Children born after the will was written, a spouse who is not included because the will has not been revised since the marriage, etc.)

A probate attorney who is seasoned in trust and wills will be able to advise you on your legal standing if you wish to contest a will. Keep in mind that you may only contest a will in Las Vegas or Henderson if you have just reason. Reasons an heir or beneficiary may contest a will in Nevada may include:

• The will was executed under undue influence of another
• The will is incomplete
• A newer will exists
• Fraud or forgery occurred in the will
• The deceased was not mentally competent to understand the directives in the will
  (incapacity)

You have a limited period to contest a will in Nevada. It is best to seek the counsel of an experienced probate attorney for guidance

Contact top-reviewed Las Vegas and Henderson probate, wills, and trust attorneys at The Law Offices of Daniel Potucek today for a consultation by calling 702.558-3400.