Contesting a Will Attorney Las Vegas – No Formalities
For a will to be properly executed, the testator and two witnesses should sign it. If the will is not drafted properly, signed and witnessed accordingly, then it can be easily contested.
Nevada: Incompetence Law in Regards to a Will
According to most will contention attorney Las Vegas, a will can be deemed legal and binding if the testator can prove his/her mental capacity. The testator need to have the proper understanding regarding the nature of the assets and the people the assets will be going to be given. If lack of capacity can be proven then the will can be contested to be declared void. Incompetence or lack of capacity is usually established through a previous medical diagnosis of Alzheimer’s, psychosis, or dementia, or by acquiring testimonies from witnesses that can prove the irrational conduct of the testator (the deceased) that time that the will has been executed.
Undue Influence With Regards to a Will
Another ground for contesting a will is to prove that there was undue influence during the time that the will was executed. If the testator was coerced or compelled to execute the will, then he/she was influenced through pressure and the will can be proven void. Basically contesting a will attorney Las Vegas would say that most common people who can put pressure on the testator include a family member, a friend, a trusted advisor, or a person taking care of the testator. In some cases undue influence on the will execution can upset an ascertained estate plan where a big part of the estate should pass to the testator’s direct descendants or his/her other close relatives. The undue influencer can be a new friend of the testator who has somehow made the decedent believe that it will be for the best to change the will or some parts of the will. Other undue influencers can be a child of the testators or a caregiver. In most cases, undue influence can occur when the testator is suffering from mental disability and quite easy to be coerced into doing whatever the other person will instruct. If undue influence is proven the will can then be contested.
Will Contention Attorney Las Vegas
This is why a Las Vegas estate planning attorney is so critical, to ensure these issues don’t happen. You see there is only a short time is allowed for wills to be contested. Typically the person contesting a will only has 90 days following provision of the Personal representative with the Notice of Administration, or 20 days when the Formal Notice of the probate proceeding is accepted prior to the will being admitted to probate. It is therefore very therefore very important to act fast if you don’t want to completely lose your rightful inheritance.
The grounds given above can also be used to challenge a trust, beneficiary designation, or real estate deed. There are several circumstances where the undue influencer is going to use tricks or lots of persuasions to pressure a sick or weak person into signing over a bank account, a valuable real estate, or any other property directly to him/her, hoping that they will be out of the picture before their mischief is discovered.
If the undue influence is discovered before the victim dies, the best way for the loved one to do in order to ensure that the situation will not occur again is to opt for a guardianship. This will allow the guardian to reclaim the assets under the court’s jurisdiction.