Contesting a will is usually something that people only do when they are very close to the deceased and want to make sure their wishes are carried out. It can also be done if someone feels like they have been left out of the will unfairly or has some other reason for contesting it. There’s no way to know for sure what you’ll need in order to successfully contest a will, but this article should help give you an idea of what steps may come up during your case.
Can a person contest a will after probate has concluded?
When an individual is left out of a will or their inheritance is less than anticipated, they may have grounds to contest it.
Contesting a will can be emotionally difficult and may also lead to your being deprived of what you had hoped to inherit. The first thing to ask yourself is if you can contest a will. A will may be contested only by those that are defined as “interested persons” in the probate.
How To Contest A Will After Probate?
The one who is contesting or the person who wants to understand something about a will must be someone who has an interest in the will. Anyone who has a vested interest in the distribution of an estate should be contesting a will. That includes beneficiaries, creditors, and even government agencies that may have been defrauded
People planning their wills should review the intestacy laws of their state to determine how best to direct what they leave behind. In order to contest a will, you need evidence proving that the person who signed the will was not competent at the time when they were signing.
In some circumstances, a will can be contested after its probate. These include:
- If you find a will when the original writer is deceased, the person should go through probate.
- The deceased lacked the legal right to sign a will at age. In order to initiate the will contest process, a person must be of legal age or older. If someone’s mental capacity is impaired, they might not know what consequences their actions have. When a will is made following a mental capacity loss from dementia or the direct consequences of medication, it may be subject to legal challenge.
- A will may be contested after enough evidence of undue influence is presented. One of the ways that unscrupulous people seek to defraud the elderly is a contesting an old will. Those who are vulnerable, including the elderly and disabled, can be tricked by unscrupulous people.
- To contest a will based on undue influence, you must raise the issue of fraud. A person contesting a will can do so when they believe that the will is not what was wanted by the individual before undue influence.
- To contest a will, prove the signatures are forgeries or that the person was coerced. Although the testator’s signature is of primary concern, witnesses’ signatures can be forged as well.
Are there often time limits in place for contesting a will?
The three-month statute of limitations for challenging a will stops when the original will comes into probate court.
The risks of contesting a will
As an alternate to co-signing the loan, you may wish to contest the will which is more complicated than many people assume. A common clause to a will advises that anyone disputing the will forfeits all rights. The beneficiary can discard the will if they don’t think any due diligence is needed, but by taking steps to contest it and avoiding being penalized.
Challenging a will is difficult, but it can potentially lead to the executor not getting possession of all the assets they would have otherwise gotten from the deceased. This is relevant in cases where there are conflicts between two wills.
Conclusion
Normally, once a court has ruled and the issue is closed, civilly, res judicata is applied.
“Re-judication can be tried but it will have to involve newly discovered issues and this must come from an updated survey.” If 3 months have passed following the time when probate is complete, a will cannot be contested. However, the Nevada Revised Statutes 137.130 allow a will discovered later to be probated as long as at least two of the witnesses would have otherwise been alive on the date of discovery and are still living when they testify.
Contesting a will can be difficult but necessary if the contents of your loved one’s will have been falsely created. A person who wants to contest a will should talk to a Probate attorney in Las Vegas.
The Law Office of Roger A. Giuliani, P.C. handles estate planning for clients throughout Nevada and exercises expertise in probate and trusts matters with a focus on adversarial cases.
For more information on how https://probateattorneyvegas.com/ can help you with Contesting a will, please contact us at (702) 388-9800, or visit us here:
The Law Office of Roger A. Giuliani, P.C.
500 N Rainbow Blvd #300, Las Vegas, NV 89107
