Understanding when and how to move forward with a will contest

Estate plans can be complicated for Nevada residents. After losing a loved one, it can be a surprise for a person to discover that he or she has been excluded from the will. Regardless of why this might have occurred, it is important to keep assumptions at bay and consider how to address the issue. Many strategies have time limitations, so it is wise to act quickly.

To contest a will, certain facts must be shown. That includes determining if the testator was coerced or had diminished mental capacity, or there was fraud. It can be costly to contest a will, and there can be emotional upheaval when doing so. When assessing the cost of contesting the will and how much the person will get, even if the contest is successful, it could be too expensive to be worthwhile.

The will itself should be examined. The testator can do as he or she wishes with the will. Still, it is possible that changes were made under duress or after his or her cognitive ability had declined. Looking at the will and its changes can reveal troublesome irregularities. When it is financially worthwhile to contest the will, having legal help is advisable.

When filing to contest a will, the intention is to have it invalidated and get a prior will that includes the person put into effect. If the would-be beneficiary was omitted from several wills, then it can be difficult to justify having the most recent will invalidated. Another option that could be viable is to seek mediation. Instead of an extended court dispute, this could be cost-effective, and negotiation may achieve a satisfactory resolution. A will contest or any estate planning issue can be complex, and receiving legal advice from an experienced estate planning law firm might help.