It is not uncommon for a Henderson, Nevada, resident, over the course of his or her life, to write more than one will. After all, a person's life circumstances may change over time, and with those changes, a person may decide that he or she wants to leave his or her wealth to someone else.
A previous post on this blog talked about the process of obtaining a legal guardianship in Nevada and what sort of issues might arise as a result. To review, a guardianship involves a court appointing a seemingly trustworthy person to manage the assets or even the living arrangements and medical care of someone who is no longer able to do so.
A resident of the Las Vegas area may hope that with careful estate planning, including the drafting of a power of attorney, his or her financial and physical needs can be addressed by a loved one in the event that he or she is unable to do so without help, whether due to declining health or for some other reason.
A previous post on this blog talked about how Nevada living wills, while they are intended to help families and doctors make end-of-life decisions for a loved one who might not be able to speak for themselves, can actually create a lot of confusion when family members are not seeing eye-to-eye about what is in the best interest of their incapacitated friend or relative.
Like other states, Nevada allows its residents to make living wills, and many people in Henderson and other parts of the greater Las Vegas area do just that as part of their overall estate planning process.
This blog has talked about how residents of the Las Vegas area can challenge the validity of a will or trust. They can also seek to have an executor of a will or a trustee removed from their position if there is some evidence that these people are breaching their fiduciary duty.
In Nevada, as is the case in other states, a court will appoint a person, called an executor or personal representative, to oversee an the administration of an estate.
When dealing with the death of a loved one, the last thing most people want to do is think about fighting a legal battle. However, in some unfortunate circumstances, family members, friends or other beneficiaries or potential beneficiaries under a will may feel that something about the document is "not right." Whether they have been left out completely, or have not been bequeathed the share expected, or just think that someone applied undue influence to the testator, these individuals have some ways of making their voices heard. To do this, they may choose to contest the validity of the will documents.
In the midst of a legal dispute over a will, trust or guardianship, families and others may throw around the phrase undue influence, which is in fact a legal term of art. However, few people in Henderson or the rest of the greater Las Vegas area may not know precisely what that terms means or what exactly it entails.
A will puts legal effect to the wishes of a deceased person. The person who signs the will is known as the testator, and the law requires several formalities intended to ensure that the will truly represents the wishes of the testator. If the formality requirements are not satisfied, a probate court will likely find that the will is not valid. These requirements are often the subject of heated probate litigation.