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Reasons to contest a will

When someone passes away, his or her estate must be settled. This typically involves finding a will and distributing a decedent's belongings as stated in the document. However, a resident in Nevada might think there are some problems with a will. A will could be contested if heirs think a decedent wanted something different from what was written or think a will is not fair.

Once a will is filed and admitted to probate, the executor of an estate must alert all parties involved, which includes heirs, potential heirs and those listed in the will. After notice has been given, those in the same state as a decedent have four months to file a will contest while out-of-state parties have six months. Beneficiaries listed in the will along with a spouse, child or next of kin might contest a will, and those in previous wills also have standing to contest a will.

Wills might be invalidated due to lack of capacity or undue influence. Lack of capacity occurs if a decedent was mentally incompetent when making the will and does not understand the contents of the document. Undue influence happens if a third-party improperly influenced a decedent to execute a will. When showing that a will should be invalidated, evidence might include medical records, financial statements and witness testimony from an attorney, executor or someone else.

One may need to consult an attorney for assistance with estate planning as ensuring that a will follows state requirements and is valid may prevent a will contest from taking place. Challenges to a will are often difficult for loved ones, and an estate may suffer while the probate process drags on. One could also wish to use a trust along with a will as this can reduce the taxes heirs pay while trusts are not subjected to probate.

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