How to Contest a Will?
A Trust or Will is said to be “contested” or “challenged” when one or more parties take legal steps to invalidate, nullify or modify the terms or provisions of the Trust or Will documents.
Parties that may contest a Trust or Will (challenge the validity of a Trust or Will) may either seek relief in probate proceeding or by filing a lawsuit. Contested Trusts or Wills may be contested by creditors, government agencies, disgruntled heirs, charitable organizations or any other individual or group that is displeased, for whatever reason, with the distribution of the estate assets.
Challenges or contests to a Trust or Last Will and Testament may include, but are not limited to: state law requirements, testamentary capacity, insane delusion, undue influence, and fraud. Any party contesting a Trust or Will may seek to challenge it’s validity in whole or in part. An experienced estate planning attorney (Trust and Will Attorney), can institute several types of provisions into a Trust or Last Will and Testament that may discourage challenges or contests to maintain and protect the wishes of owner of the Trust or Will.
How to Avoid a Contested Will
The best way to avoid or minimize a contested will is to ensure that an experienced probate and estate administration attorney is involved prior to the creation of the Trust or Will documents. Additionally, the Trust and Will must be maintained and administered in accordance with its own provisions and in accordance with the applicable laws of the relevant jurisdiction(s) within which the founder and/or the estate’s assets are located.
What Type of Estate Plan Should I Create?
Due to the wide variety of individual circumstances attendant to each Estate, there is no “one size fits all” solution that is “best” in all, or even a plurality of Estates. The size, nature, asset composition and type, family structure and history, corporate structures, tax incentives and exemptions, income, philanthropic and inheritance goals, and numerous other factors, must all be evaluated prior to making the decision on what type of Trust, Will or other documents should be created.
Consult with the professionals at Smith & Shapiro with regard to your Estate planning needs prior to selection and implementation of an Estate planning strategy. Greg Smithcan help you maximize the benefits of your Estate both now and the future.
Nevada Estate Planning Attorney
If you are considering contesting a Will or Trust, or need to prepare an estate plan to protect against a trust or will contest, contact estate planning attorney Gregory S. Smith. Smith & Shapiro has two convenient locations in Las Vegas and Henderson, Nevada. Open 8:00am – 5:00pm, Monday – Friday.