Contested Wills in Las Vegas, Nevada

Find the right Contested Wills attorney in Las Vegas, NV

It is possible, in Las Vegas, Nevada, to go to court and claim that a will is invalid, in some cases. This is called a Will Contest.

Sometimes, testators leave out of their wills people who might naturally expect to inherit a substantial portion of the testator's estate (spouses and children, for example). This might lead them to assume, truthfully or not, that the will was some kind of mistake.

If the decedent was fairly well-off, their will might involve a great deal of money or property. This is one of the main reasons, besides a general sense of exclusion, that a family member might expend the great deal of time and money necessary to contest a will.

Bringing legal action against anyone, let alone a family member, is not a decision that you should rush into. Contesting a will, especially if another family member stands to lose out if you are successful in the contest, can permanently alter or even destroy family relationships. Obviously, this is something to consider.

When Can a Will be Contested in Las Vegas, Nevada?

Courts in Las Vegas, Nevada will not let a person contest a will unless they have an excellent reason. There are, however, some allegations which will always invalidate a will, if they are proven.

For example, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise substantial initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.

A will can also be rejected because the decedent was not mentally competent to draft it at the it was made. A court will look at the person's mental capacity at the time the will was made, so even if the testator is now perfectly sane, if he or she was incapacitated for whatever reason (by way of intoxication, for example) at the time the will was made, the will can still be invalidated.

If you successfully contest the will in Las Vegas, Nevada, the court will likely distribute the property as if the decedent had died without a will. This usually involves giving it to the closest living relative. While the exact intestacy schemes (the order in which property is distributed to relatives) vary from state to state, they are usually pretty similar. If possible, the property will go to the decedent's spouse, and if the decedent has any minor children with that spouse, it is with the understanding that the money will be used primarily for their care. If the decedent did not have children or a spouse (or outlived them), the property typically goes to the decedent's parents. If neither of them are alive, it goes to grand children, grandparents, or siblings. After that, it typically goes to cousins, nieces/nephews, step-children, former spouses, etc. Intestacy laws provide a line of succession long enough that just about anyone will leave at least one person behind who is entitled to inherit from them, even if they're an extremely distant relation. Sometimes, however, people make multiple wills, to account for the many personal and financial changes that typically happen during a person's life. Typically, the most recent will purports to revoke all past wills, to avoid any conflict between them. In such cases, if a will is entirely invalidated, a court can sometimes revive the second most recent will.

Can a Las Vegas, Nevada Contested Will Attorney Help?

Contesting a will can be a complicated, emotional, expensive, and time-consuming process. There is really no way around this. However, a knowledgeable Las Vegas, Nevada wills and estates attorney can minimize these problems, and make the process as painless as possible.

Talk to a Wills, Trusts & Estates Law Attorney now!

Life in Las Vegas

By the time you're finished reading this paragraph the city of Las Vegas will have torn down and rebuilt 5 hotels. Okay, maybe not. However, there aren't many cities that have a more exciting and ever changing landscape. "Sin City" boasts a signature restaurant for nearly ever celebrity chef and a show for any age range or interest.

People call Las Vegas the "Entertainment Capital of the World," "The Marriage Capital of the World," and the "Capital of Second Chances" (whatever that means) so it should be obvious there's a lot going on in those 131 square miles comprising Las Vegas.

One lesser known fact about Las Vegas is that it is the most popular destination for Hawaiians and is often referred to as the "Ninth Island." A 2002 survey showed almost 85,000 former Hawaiian residents and an average of 3,000 residents from Hawaii visited Las Vegas each week.

Las Vegas is much more than a tourist attraction. Nearly 600,000 Nevada County residents comprise the Las Vegas population. A handful of those Las Vegans work at locally headquartered companies like Zappos. The headquarters for Zappos is in the old Las Vegas City Hall.

Since many of the original large casinos and hotels were funded by real mobsters, you can learn more about Las Vegas by visiting the Las Vegas Museum of Organized Crime and Law Enforcement. Las Vegas has come a long way since the days of gangsters. Las Vegas lawyers know local courts well and can help you decide the best course of action for your case.

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