Live here in Nye County Nevada. I'd like to Contest a will. I have been in the family for 44yrs. A distant relatives children are the sole heirs to the will. The children are 13 & 15. Never met the folks in question and possibly thru DNA not even be related. Iam living in the house that has been willed to the children. This upcoming wknd the distant nephew is coming here to take inventory for his two kids. The trust is set for them to recieve all upon turning 18yrs of age. I, on the other hand have invested time, love and finaces ... I'd like to know do I go up to this court house and put in a notice of intent to contest the existing will.? (Especially since the distant nephew will be here in less than 1 week. Probate states nothing can be taken until 40days...Iam told this from distant nephew. What to do ....Time is of the essence. Change locks? Dont allow him in? Tell him verbally to buy time and stall till I have all need ed info so as I know how to proceed?
Answer
In order to bring a contest of the will, you will have to show the court some basis for contending it is invalid or that it was signed under duress or undue influence. If the testator (maker of the will) was under the influence of medications or suffered dementia or you know of some other reason he could not enter a valid contract, that may be sufficient basis for a contest. What you cannot do, though, is just challenge the decisions made by the testator if he was mentally sound and not under any sort of influence by another when he signed the will.
You speak, too, of a trust. Is the house owned by the trust or is it in the decedent's personal name? If in the trust, it is to be disbursed according to the mandates of the trust and that transfer need never be subjected to court review, unless there is some legitimate basis for a challenge of the trust. If not owned by the trust, it is likely a probateable asset that must be brought to the attention of the court. In most cases, the will (when there is also a trust) is a "pourover" will that simply names the trust as the sole beneficiary, then the assets are disbursed in accordance with the terms of the trust.
If you have copies of these important documents, it would be in your interest to have them reviewed by a competent estate planning and probate attorney before launching into litigation that my be terribly expensive and time consuming. You could end up paying for an attorney and for the OTHER side's attorney, as well, if your case is not solidly based on law and facts that indicate such a challenge might be successful.
As for what to do right now, if you have legitimate basis for legally occupying the house and some or all the contents are yours and not those of the trust or the decedent, you certainly can exclude anyone from entering the house without your permission. If you wish to enable the nephew to enter to do his duties as personal representative of the estate or successor trustee of the trust, you can do so. I would suggest clearly identifying - and, perhaps, relocating - any and all assets that are legally yours and not those of the deceased family member, so there is no confusion about what may be ultimately taken.
No comments:
Post a Comment