For many people in Nevada, challenging a family member in court for any reason is fraught with the potential to seriously undermine a relationship forever. When it comes to probate court, there may be no choice, as the different sides of the case are inevitably family members with different goals. However, dealing with these fractured relationships and emotional challenges is just one part of pursuing a case in probate court in Nevada.
Nevada residents who decide to make an issue of a probate matter in court may find that they have a steep burden to meet. Like any contract, a probate court judge is likely to defer to the wording of the document in front of the court — in probate, this usually means a will. But, there are ways to make a compelling argument that the document, as submitted, may not be the best way to resolve the probate case.
For example, there may be a claim that the document that the court has is not the correct will. If a family member knows of an alternate will that more accurately reflects the deceased’s wishes, that document could be submitted to the court for consideration. Perhaps, the document that the court has were made at a time when the decedent did not have the testamentary capacity to execute the document, or the deceased was unduly influenced by another person when drafting and executing the will.
There are many different issues that can come up in a probate matter, even though one of the main goals of anyone who creates an estate plan is to avoid these very issues. At our law firm, we do our best to help our clients understand their options in probate court. For more information, please visit the probate litigation section of our law firm’s website.