Call Us For a Consultation: 775-210-0499

While probate litigation may not be the most engaging subject to read about, it is crucial to be well-informed, particularly if you are involved in a Nevada probate dispute.

Probate disputes can arise out of disagreements about how a deceased person’s estate should be managed. Such disputes can prove to be extremely contentious and emotionally charged, often pitting one family member against another or involving significant assets. It is easy to see why a probate dispute can quickly spiral out of control. The difficulty of probate law can compound the situation, which is why a probate litigation attorney can prove to be a valuable ally.

Probate litigation attorneys deal with a lot of probate disputes. They are intimately familiar with the laws and rules governing how assets should be distributed, how wills should be interpreted, and how disputes arising out of the probate process should be resolved. By enlisting the help of these attorneys, you can safeguard your interests and make sure that the dispute gets a fair and impartial hearing.

This article explores the key issues in probate disputes and the important role played by Nevada probate litigation attorneys in the resolution process.

Common Types Of Probate Disputes

Typically, the probate process follows a standard progression. At times, however, probate disputes can turn contentious and even lead to litigation. Most all probate disputes fall into one of the following categories:

1. Contests over wills: These occur when a testator’s will is called into question. Someone will contend that beneficiaries unduly influenced, tricked or bribed their way into it, or that the person who drafted it was somehow unable to make a legally valid will.

2. Breach of fiduciary duty: Fiduciaries owe a duty to the estate and its beneficiaries to act in its best interests; if they fail to do so, or mismanage it for their own benefit, a case can be made that this is a breach of fiduciary duty.

3. Asset distribution: If the will is ambiguous or the beneficiaries feel that the property distribution is unfair, these disagreements can lead to litigation and necessitate the assistance of a lawyer specializing in probate litigation.

How A Probate Litigation Lawyer Can Protect Your Interests

It is possible to handle probate without an attorney, but it is generally discouraged, especially if you find yourself in litigation. If this should happen, an experienced probate litigation practitioner may be able to provide you with critical assistance on the following:

  • Professional legal advice: A probate litigation lawyer will provide you with quality legal advice tailored to your specific situation. They will explain the applicable laws, your rights, and probable outcomes of your case based on their experience. This guidance ensures that you make informed decisions throughout the dispute resolution process.
  • Strategic representation: They will use their expert understanding of probate law, and their experience of other cases, to develop a clear strategy for your case; evidence will be collected, witnesses interviewed, and your arguments presented in the most persuasive way possible, giving you the best chance of a successful outcome.
  • Negotiation and mediation: Having a probate litigation lawyer on your side can help you settle probate disputes without the hassle of a long-drawn-out courtroom battle. Your lawyer will work towards a mutually satisfactory settlement that upholds your interests through their negotiation skills. If mediation fails, they will be fully prepared to litigate your case in court.
  • Protection against undue influence: If the validity of a will is challenged because of allegations of undue influence or fraud, then your probate litigation lawyer can review the evidence, and work to uphold the will on your behalf. You can depend on us to champion the rights and wishes of the deceased.

Steps Involved In Probate Litigation

Probate litigation can be a complex and lengthy process. The stages of a probate litigation case can vary depending on the jurisdiction and the nature of the dispute. However, they generally follow a similar pattern:

Step One – Find a probate litigation lawyer to review your case and tell you what your options are).

Step Two – The attorney will then conduct a proper investigation, collecting all relevant documents and interviewing witnesses to build a strong defense.

Step Three: Before or while appearing in court, the lawyer should try to resolve the dispute by agreeing with the other side on terms that are fair to both parties. This can reduce time, money and emotional stress for everyone.

Step Four – If negotiations or mediation are not successful, your lawyer files legal papers on your behalf. The complaint outlines the legal basis for your claims and the relief requested.

Step Five – Both sides will engage in what’s called discovery, where they provide each other with information and evidence by means of written interrogatories, depositions and document requests.

Step Six – The attorney might file motions before trial—motions to dismiss or motions for summary judgment—to clarify the issues and hope to obtain a favorable ruling before trial.

Step 7 – If the case is contested and goes to an evidentiary hearing, the lawyer will make your case for you, including your witnesses, experts, documentation, and arguments against the other party’s claims.

Step Eight – If you are unsuccessful, your lawyer might file post-trial motions or an appeal if the court’s decision can be appealed.

Step Nine – If you win, the lawyer will help you collect the judgment and get what you are entitled to.

Finding The Right Probate Litigation Lawyer

Selecting the right probate litigation lawyer can be instrumental in helping you achieve the best possible outcome for your case. Following are some of the points that you should consider when choosing a probate litigation lawyer:

  1. Experience: Check how many years the lawyer has been practicing probate litigation, how many cases the lawyer has handled in the past, and how successful the lawyer has been in dealing with probate disputes, and whether they have relevant experience with cases like yours.
  2. Reputation: Research the reputation of the attorney and read client testimonials. The better the reputation, the more likely you are to receive high-quality representation.
  3. Communication and responsiveness: Select a lawyer who listens to your concerns, explains complex legal concepts in a way you understand, and promptly responds to your questions. Effective communication is essential in any legal representation.
  4. Team: Make sure the lawyer has a team in place to protect you and your interests while keeping you up to date on the progress you are making.
  5. Compatibility and confidence: You need a lawyer with whom you can be comfortable sharing personal or sensitive information, otherwise you won’t be able to work together effectively.

Sierra Crest Business Law Group – Nevada’s Choice For Probate Litigation Help

The loss of a close relative is hard to handle. But the situation is much worse when someone you love dies, and other people you love fight over the estate. The death of a loved one and the probate litigation that results from it are complicated at best. Imagine if you had to handle a probate dispute besides coping with the loss of someone dear? It is almost too much to bear.

Are you in the middle of a hotly contested probate case? First of all, take a deep breath. In the end, you’ll get through this. However, what your family relationships will look like for years to come (and what your own peace of mind will be like) depend on how the situation is handled. If you want to mitigate much of the stress of the probate process and save your family this burden, then strongly consider hiring a probate lawyer.

The right probate lawyer will guide you through the usual course of probate, assist you in your disputes and problems, and help you wrap up your loved one’s estate in the best, most cost-effective way possible. When you can free yourself from probate, you can turn your attention to what is really important: healing from your loss and moving forward. Let us take the stress out of the equation and handle the legal stuff. Visit our website and learn more about us and the services we offer.