If your loved one has passed away recently, you may have found yourself surprised at the content of their will. Perhaps you had seen a previous copy of their will and were shocked to find that its content differed greatly from the original copy. Or perhaps this is your first look at the will and you feel that someone may have manipulated your loved one into signing a revised will that doesn’t accurately reflect your loved one’s final wishes. No matter your reasons for contesting your loved ones will, our JK Nelson Law attorneys are ready to help evaluate your case and assist you in properly and quickly contesting the will. Our attorneys are ready to walk you through the probate process effectively and efficiently. But, how do you know if you are eligible to contest a will?
According to NRS 137.010 (1), “The Attorney General or any interested person, including a devisee under a former will, may contest the will by filing written grounds of opposition to the probate thereof at any time before the hearing of the petition for probate.” However, who is considered an “interested person” in the Nevada probate court? NRS 132.185 defines an “interested person” as, “a person whose right or interest under an estate or trust may be materially affected by a decision of a fiduciary or a decision of the court.” According to this definition, an interested party could be a:
- Child
- Spouse
- Heir
- Devisee
- Creditor
- Settlor
- Beneficiary
- Or anyone else who has a right or claim against the estate
Yet, while there are many options as to who could be an “interested party”, it is up to the probate court to decide whether each individual has a legal right to contest the will.
Once you have determined whether or not you are eligible to contest the will, you will need to determine the timeframe in which you are able to contest the will. In the Nevada probate court, you can contest a will either by filing a lawsuit or during the actual probate process. If you decide to go through with contesting your loved ones will, it is important to note that Nevada has a No Contest Clause that can be put into a will. If a No Contest Clause is written into the will that you are contesting you could be disqualified from getting any of your inheritance if you choose to challenge the will. However, there are several exceptions that could allow you to contest the will in good faith, while also keeping your inheritance. Our attorneys can help you determine whether or not a No Contest Clause would affect your inheritance.
Do you want to contest your loved one’s will? Our JK Nelson Law attorneys want to meet with you to go over your case, determine what options you have, and to represent your legal rights with all of our legal expertise and knowledge. Call us to schedule your free consultation so that we can begin defending you, today.
