"Testamentary capacity" refers to a person's mind being clear enough to make or change a valid will. This is one of the main requirements in creating a valid will in Nevada. If a person lacks this ability when they make or change their will, interested parties – such...
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Probate Litigation
3 reasons you might be able to remove an executor
You might not be happy about a deceased’s choice of executor. Yet, in most cases, there is little you can do about it. You just need to accept it and keep an eye to make sure they do their job properly. If it becomes apparent that your suspicions were correct you may...
3 signs that an executor may be stealing from an estate
An executor, who is either appointed by the court or named in a will authored by the deceased during their lifetime, is authorized to oversee the estate administration process in order to better ensure that the deceased's wishes are respected and that the rights of...
Who is in a position to unfairly influence an estate plan?
An estate plan should be a record of what someone wants to do with their property and what support they wish to provide for their dependents when they die or suffer some kind of incapacitating medical event. Unfortunately, some estate plans end up reflecting the...
Involving your adult children in your estate planning
Parents of adult children sometimes struggle with deciding whether to include their adult children in estate planning conversations or whether they don’t tell them anything. There are benefits to discussing your estate planning with your children, even though it may...
2 estate issues that could lead to probate litigation
Most people that carefully create an estate plan never expect a problem to arise affecting probate for their loved ones. Unfortunately, several issues can embroil your family members in probate litigation. Most people find it helpful to know about the potential issues...
What is a lack of testamentary capacity in a will?
Lack of testamentary capacity is one of the legal grounds for contesting a will. If proven, the probate court may revoke and set aside the will. As a result, the court will distribute your possessions in line with state laws, and your estate plans could go up in...
What happens if your loved one wrote their own will?
Experiencing the death of a family member is never easy. Still, in the midst of your grief, you find that they chose you to help execute their will. Depending on your family, they may have been open about their final plans, or you may have been surprised to find a...
An executor should always act in the best interests of the estate
An executor oversees the affairs of an estate during probate. While they are pretty much in charge of everything before the beneficiaries take over, it does not mean that they are not accountable to anyone regarding their dealings with the estate. When you appoint an...
Some reasons why estate litigation occurs
On the surface, the siblings got along. However, underneath that façade, things often reached just below the boiling point. But upon the death of their mother, the boiling point is reached. The outcome of her estate is in question, and the siblings resort to fighting...
