As per probate law, a probate court will identify the assets of the deceased, decide on the payment of taxes and other incidental expenses, and distribute the property among the legal heirs as mentioned in the will. While many probate matters flow smoothly through the court system, some generate disputes resulting in litigation. This can be especially true when large sums of money and property are involved. When a probate case turns into a disputed matter, obtain help from a skilled Reno probate litigation lawyer in Nevada to deal with the complex legal issues.
Probate litigation includes:
- Contesting documents based upon incapacity, undue influence, menace, and/or fraud of the individual signing the trust or will.
- Contesting actions of fiduciaries (trustees and executors) for breach of fiduciary duty or forcing fiduciaries to account for their actions.
- Bringing actions to recover property that belongs to a decedent or an incapacitated individual.
- Elder abuse causes of action, which can be brought in either civil or probate court.
When a party has an issue with how an estate is being probated, a will contest may ensue. While contesting a will can be particularly difficult for all parties involved due to the emotional involvement, as well as the complex nature of the litigation, Reno probate litigation lawyer, Gloria Petroni, balances compassion with an aggressive litigation approach. Her team counsels parties in the defense and the prosecution of claims for contested wills due to lack of capacity, undue influence, unequal shares, conflicts of interest, and being cut out of a will.
Will contest cases and other estate disputes frequently involve a high level of emotions, family animosity and, often involve unequal distribution of inheritance. These cases also frequently arise when business partners are not confident in the decedent’s intended business succession plan. Petroni Law Group have the skill, resources and determination to provide resilient representation to clients in will disputes – whether contesting the will or working to ensure it is upheld. We have considerable skill in investigating issues of undue influence, fraud and other allegations in probate litigation.
Will and probate are considered to be important because:
- To avoid dispute among family members
- To arrive at an amicable solution
- To make sure that all the heirs benefit
- To safeguard the wealth
- To get maximum benefit from the property
- To resolve tax liabilities
Probate litigation is first considered by an individual when they receive a Notice of Administration. This is a formal document that alerts all interested parties of the death of the decedent, the filing of a Will for probate, and that an objection to the probate proceedings must be commenced within a certain period of time or be forever barred.
Once an individual is served with a Notice of Administration and a very limited time period passes, any promises, representations or guaranteed to settle any estate dispute or disagreement are worthless and unenforceable unless the parties have entered into an official settlement agreement. The law of limitation is strictly applicable to probate litigation. Even if there is a very valid claim, the probate court will not proceed with the case if it surpasses the time limit. Therefore, seeking legal counsel as soon as possible is highly recommended in the case of wills and probates.
Reno probate litigation lawyer, Gloria Petroni, is dedicated to providing effective and results oriented legal counsel and representation trust and estate matters. Attorney Petroni specializes in contested wills and trusts, and provides skilled representation to individuals asserting legal claims to an estate. To obtain unsurpassed personalized service to enforce and defend your rights against an estate in probate court contact our office today at 775-420-4221 for a free initial consultation with a divorce attorney in Reno.