Nevada Wills And Trusts Litigation

Our Reno Litigation Team Can Help You

If you find yourself caught in a wills or trusts dispute in Nevada, you have come to the right place. Whether you’ve been unjustly left out as a beneficiary of a trust or if you’re an executor dealing with a will or trust contest from a disgruntled family member or other party, our team of skilled litigation attorneys is here to assist you. Our firm has extensive experience in handling cases related to will contests and claims of breach of fiduciary duty. 

We have successfully represented clients in both contesting and upholding wills. Our track record speaks for itself, as we have effectively prosecuted and defended a wide range of breach of fiduciary duty claims against trustees and personal representatives. Our dedicated team is here to ensure you are taken care of. 

Don’t hesitate to reach out to us for a confidential consultation. Call us today to discuss your concerns and receive the information you need to take the next step!

Types Of Estate Litigation

Nevada Wills & Trusts Litigation covers a wide range of disputes as they relate to the estates of deceased individuals. These disputes can develop for a variety of reasons, but generally fall with these categories:

A Will Contest

This occurs when a person challenges the validity of a will, alleging that the person who created the will lacked the mental capacity to do so, or that they were unduly influenced by another person. Will contests can be complicated and emotionally charged, as they often involve family members who are unhappy with the distribution of assets outlined in the will.

A Trust Dispute

This occurs when there are disagreements among beneficiaries or trustees regarding the administration of a trust. Trust disputes can involve issues such as the mismanagement of trust assets, breaches of fiduciary duty by trustees, or disputes over the interpretation of the terms of the trust.

Fraud And More…

In addition to will contests and trust disputes, there are other types of disputes that fall under the umbrella of Nevada Wills & Trusts Litigation. These can include claims for fraud or undue influence in relation to the creation or modification of a will or trust, disputes over beneficiary designations on life insurance policies or retirement accounts, and challenges to the appointment or removal of trustees.

Common Challenges To Wills And Trusts

Nevada, like other states, has specific legal grounds for challenging a will or trust. When it comes to Nevada wills and trusts litigation, there are several common reasons why individuals may seek to challenge the validity of a will or trust, including: 

  • Lack of testamentary capacity: This means that the person who created the will or trust did not have the mental capacity to understand the nature and consequences of their actions at the time of creating the document.
  • Undue influence: This occurs when someone exerts pressure or manipulation on the person creating the document, causing them to make decisions that they would not have made otherwise.
  • Fraud: Illegal activities, such as forgery or deceit, can also be grounds for challenging a will or trust in Nevada. 

It is important for individuals who believe they have valid grounds to challenge a will or trust in Nevada and for executors who may be facing these types of accusations to consult with an experienced attorney with a background in wills and trust litigation. Our skilled local attorneys can guide you through the legal process and help you bring these claims to court, or help you defend against a claim brought against you.

The Benefits Of Having A Wills And Trusts Litigation Attorney

The intricacies of estate administration can be difficult to navigate, and to challenge or defend against a will or trust requires the help of an attorney experienced with the nuances of this area of law. Having an experienced will and trust litigation attorney by your side can make all the difference in the outcome of your case. 

We can render legal advice and provide valuable guidance to help you understand the law and your rights as a party to a will or to a trust. We can also simplify complicated legal matters and explain them to you in a way that is easy to understand.

Our attorneys can help with contentious disputes in the administration of an estate or trust, like resolving conflicts between beneficiaries, addressing allegations of undue influence or fraud, and even tackling challenges to the validity of a will or trust.

We will vigorously fight for your rights and ensure that your desires are carried out accordingly. In the event that a will or trust is challenged in court and negotiations with the opposing party fail, we will not shy away from skillfully representing your interests in the courtroom. 

Sierra Crest Business Law Group: Providing Reliable Business Legal Solutions 

Sierra Crest Business Law Group is committed to assisting individuals in effectively resolving issues concerning wills and trust disputes, specifically those involving the administration of estate assets or trust management. We are experienced in all aspects of estate and trust litigation, and we are ready to help you protect your rights and your assets. If you are embroiled in a will or trust battle, whether as a beneficiary, a trustee, or the executor, let us get in the trenches and fight for you. We like to be where the action is, and we like to win. Contact us today to learn more about our services and how we can help you achieve the outcome you desire.

What is consumer fraud in Nevada?

One of the Nevada statutes I turn to frequently is NRS 41.600, entitled “Actions by Victims of Fraud.” This statute allows any person who is a victim of “consumer fraud” to recover his or damages, equitable relief (which can include “rescinding” or unwinding the bad deal), and attorney’s fees. The statute gives a specialized definition of “consumer fraud.” The most important part of this definition is that “consumer fraud” includes any “deceptive trade practice” described in NRS 598.0915 to 598.0925.

Turning to the statutory definition of “deceptive trade practice” reveals multiple lists of conduct that counts as a deceptive trade practice and, therefore, consumer fraud. Some of the items are fairly specific and some are general. There are more than 57 separate items.

Whenever I encounter any kind of fraud or consumer dispute, I will review theses lists to see if one or more of the items match the situation with which I am dealing. Some particularly potent items on the statutory list of deceptive trade practices include:

Knowingly making any false representation in a transaction, NRS 598.0915(15);
failing to make delivery of goods or services for sale or lease within a reasonable time, NRS 598.092(4);
knowingly misrepresenting the legal rights, obligations or remedies of a party to a transaction, NRS 598.092(8);
conducting a business or occupation without all required state, county or city licenses, NRS 598.0923(1);
failing to disclose a material fact in connection with the sale or lease of goods or services, NRS 598.0923(2); and
violating a state or federal statute or regulation relating to the sale or lease of goods or services, NRS 598.0923(3).
Investors and those who market investments should pay particular attention to NRS 598.092(5), which says that a deceptive trade practice includes advertising or offering an opportunity for investment and:

representing that the investment is guaranteed, secured or protected in a manner which he or she knows or has reason to know is false or misleading;
representing that the investment will earn a rate of return which he or she knows or has reason to know is false or misleading;
making any untrue statement of a material fact or omits to state a material fact which is necessary to make another statement, considering the circumstances under which it is made, not misleading;
failing to maintain adequate records so that an investor may determine how his or her money is invested;
failing to provide information to an investor after a reasonable request for information concerning his or her investment;
failing to comply with any law or regulation for the marketing of securities or other investments; or
representing that he or she is licensed by an agency of the State to sell or offer for sale investments or services for investments if he or she is not so licensed.
So when you are a consumer or investor with a question about your rights, check the statutory list of deceptive trade practices. If you are a business, please be aware that some of your customers may check this list as well. As always, I am more than happy to discuss with you any questions you might have about Nevada consumer fraud.

What are some reasons I would want to hire a trust litigation attorney?
1. Someone created the trust without the legal authority to do so.

Working off this premise, a person could contest the validity of the entire document. Also, a person could have lacked the mental ability to create such a form. It takes a lot of evidence to win an argument based on the executor’s mental capacity in court.

2. Someone unduly coerced another into doing so.

A person might have influenced another to distribute assets in a manner that seems out of the ordinary. The lack of free will to create the document can invalidate the document and falls under possible elder abuse.

3. Violation of fiduciary obligations.

A fiduciary must execute governance and handle the trust’s assets according to directions laid out in the trust. Mishandling the affairs of the trust can open the trust to a legal challenge.

4. Forged documents.

Forging trust documents is illegal. Forged documents can lead to criminal charges.

Trust litigation in Nevada can be tricky. You have to consider many issues in these types of cases. You should hire an experienced Nevada Trust Attorney to ensure proper representation.

What Is Trust Litigation?

Trust litigation is the process of filing a civil lawsuit against a trustee due to behavior issues. There can be many causes of this action, and it requires an experienced Trust Litigation Lawyer to navigate all the complexities.

Read our Full Report

Learn more about the main elements of trust litigation. 

  • Guiding Rules
  • Settlers Role
  • Arbitration Before Litigation
  • Breaches of Legal Duties

Find out about these crucial details and more in our in-depth trust and wills report.

Request a Consultation

Consultation - Contact Us Page

"*" indicates required fields