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What you should know when challenging a will

On Behalf of | Nov 14, 2023 | Estate Planning

You may not have planned to challenge your loved one’s will, but some factors may lead you to do so. Will contests can be complicated. Therefore, you should be well prepared.

Here is what you should know:

You need valid grounds

You must have valid grounds to challenge a will. For example, you believe your loved one lacked testamentary capacity, was manipulated to write the will in a particular way or did not make the will in accordance with state laws.

You need legal standing to mount a challenge

If you are named in the current will, a previous one, or would inherit under state intestacy laws if there were no will, then you should have legal standing to challenge. Otherwise, you probably cannot.

You need to pay attention to deadlines

In Nevada, you can challenge a will at any time before the hearing of the petition for probate. The court will send a written notice of your contest to the estate’s heirs and interested persons. They will have 30 days to reply to the contest.

You may still be able to contest a will after it has been admitted to probate. You can do so within three months after an order admitting the will to probate is entered but only if you have not already filed to contest it and were not notified about any other contest in time to join it.

You should pay attention to these deadlines, as you may need to make quick decisions. It’s crucial to be adequately informed when challenging a will. Consider getting legal guidance to obtain the needed information.

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