No one wants to think of probate litigation being a possibility in the aftermath of the death of a loved one. However, the unfortunate reality is that sometimes, probate litigation is necessary. When it is, Nevada residents need to know their rights and options in the process.
Probate litigation can arise from a number of different circumstances. For example, if the executor of the estate or a trustee is not performing as expected, or is even abusing his delegated power, it might be up to the intended beneficiaries to pursue probate litigation. Or, there may be instances of "undue influence," which means that there are allegations that someone improperly directed the testator to make any number of moves when it comes to the estate plan in question, including the possibility of cutting a beneficiary out of the estate plan completely or awarding shares of the estate in unequal amounts.
In a limited number of situations, there may be claims that the testator lacked the capacity to competently author the estate plan in question. This type of claim might be valid if the estate plan was crafted in the testator's elder years, or when the testator was suffering from a mental deficiency, such as dementia.
At our law firm, we understand that although no one wants to be involved in probate litigation, sometimes it is necessary. We do our best to attempt to make sure that our clients know their rights and options when it comes to probate litigation. For more information, please visit the probate litigation section of our law firm's website.