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...
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Probate Litigation
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...
What are some reasons for challenging an estate plan?
Together, your parents started a business. During those early years while the family-owned company was on the cusp of success, your mother died, leaving your father to take the reins alone. He accomplished much, building the business into a pillar reaching markets...
Grounds on which a will may be challenged
Recently, this Henderson-based legal blog provided a post on undue influence during the creation of a will and its effect on probate litigation. When a person is threatened, coerced or otherwise manipulated into creating a will that does not reflect their testamentary...
What is undue influence in the creation of a will?
It is important that Nevada residents create wills and other estate planning documents so that their assets and wealth are protected and properly directed to beneficiaries at the time of their deaths. However, beyond simply having such documents in place, individuals...
