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3 steps you can take if you’ve been disinherited from a will

On Behalf of | Nov 2, 2022 | Estate Litigation

The loss of a loved one brings mixed reactions. Sometimes, emotions can run high, and unresolved sibling rivalry can emerge as other family members discuss the will and shares of the inheritance. While the old adage says that money can’t buy love, in most families, money and wealth are often associated with the approval of life choices. Therefore, it can be devastating when you’re not recognized in a will. 

However, it doesn’t mean you’ve been disinherited if you have not been named in the will or never received what you expected. Your loved one could have chosen to pass their assets to you through other channels outside the will, for example, through life insurance payouts, trusts or payable-on-death accounts.

But what do you do if you determine you’re actually disinherited? Here are three options:

1. Check the validity of the will

The first thing you should do is to verify the will is valid. The person who created the will should have been at least 18 years and of sound mind. Therefore, if the testator wasn’t of sound mind or was below the required age, the will may not be valid. 

2. Negotiate with other beneficiaries

You may consider negotiating with other beneficiaries if you establish that you’ve been disinherited from a valid will. You can do this by discussing amongst yourselves what is fair. However, this will mostly depend on your relationships. 

3. Contest the will

If you have a beneficial interest in the deceased’s estate, you have a right to contest the will. However, in most cases, those who contest the will are surviving relatives of the deceased. Remember, you only have a limited time for contesting the will, and the time starts to run immediately after receiving the probate grant. 

You may consider contesting the will if you’ve been improperly disinherited. Unfortunately, will contests are usually complicated and can be challenging to win. Therefore, if you’re considering contesting a will in Nevada, you should seek legal assistance to evaluate the merits of your claim. 

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