Probate and Trust Litigation Attorney in Las Vegas, Nevada

Probate Litigation 

Probate litigation involves a variety of lawsuits that may arise during the probate process (i.e. bringing or responding to an action to invalidate or revoke a will based upon the assertion that the decedent lacked the mental capacity required to sign and create a valid Last Will and Testament, the assertion that an individual exerted undue influence over the decedent to cause that person to sign a Last Will and Testament, or the assertion that there was a mistake in execution with the Last Will and Testament and that it should not be upheld as a valid Will). 

In addition to the aforementioned actions, a variety of issues can arise that justify the filing of a lawsuit to recover estate assets or to change the testamentary disposition of the decedent (i.e. actions concerning the misuse and abuse of a power of attorney, the fraudulent procurement of lifetime transfers of property, the breach of a close and confidential relationship by an attorney or other fiduciary, and allegations of elder abuse).  

In probate litigation matters, the parties involved (i.e. the Personal Representative, beneficiaries, family members, potential heirs, and/or previously named heirs) can find themselves involved in hotly contested and complex litigation.  The Parties involved in Probate disputes gain invaluable assistance when retaining an attorney experienced with the complex issues that arise in the context of Probate and who has significant courtroom experience. 

Our attorneys are prepared and willing to assist you with the following issues: 

• Will contests  

• Claims of lack of capacity 

• Claims of undue influence 

• Elective share issues 

• Tax apportionment issues 

• Claims of forgery 

• Actions by and against personal representatives of estates for breach of fiduciary duty, removal, and surcharge  

• Contested appointments of personal representatives of estates  

• Objections to, and the defense of, probate accountings  

• Petitions to determine entitlement to estate distributions  

• Petitions to determine heirs 

• Actions involving creditor claims  

• Actions concerning elder abuse 

• Actions concerning the abuse and misuse of Powers of Attorney 

• Actions to recover property on behalf of an estate taken from the elderly and infirm 

Trust Litigation 

Trust Litigation includes a myriad of lawsuits that may arise concerning the creation and/or the administration of a Trust.  For instance, Trust Litigation can be made up of disputes ranging from allegations of lack of capacity and undue influence in the formation of the Trust, to lawsuits seeking the removal of the Trustee, the forfeiture of Trustee fees, a resolution of Trust Accounting disputes, or damages from a Trustee due to a breach of fiduciary duties.  

The parties involved in Trust Litigation (i.e. the Trustee, beneficiaries, family members of the Trustee, and previously designated heirs) can find themselves being dragged into or being required to engage in, complex and heated litigation. These disputes can often pose a threat to and can be taxing to the financial and emotional well-being of all parties involved. To facilitate this process and achieve a positive result, it is wise to retain an attorney who has experience with the complex issues that arise in the context of trust law and is experienced in the courtroom.

We have  experienced litigators who are ready to assist you in the following types of cases:
  

• Trust contests 

• Claims of lack of capacity 

• Claims of undue influence 

• Claims of mistake in execution 

• Elective share issues 

• Tax apportionment issues 

• Claims of forgery 

• Actions by and against trustees for breach of fiduciary duty, removal, and surcharge  

• Objections to, and the defense of, trust accountings  

• Petitions to determine entitlement to trust distributions  

• Actions to recover property on behalf of an trust taken in violation of the terms of the Trust 

Estate Litigation 

Estate litigation involves cases that come about when a person dies and a lawsuit needs to be filed on behalf of the decedent or the decedent's heirs. Estate litigation involves cases ranging from contesting a Last Will and Testament, to opening an estate to file a wrongful death lawsuit against an individual or entity responsible for the death of an individual (i.e. a nursing home, caregiver, automobile driver, healthcare professional, etc.).  

While estate litigation can include probate litigation and trust litigation, there are situations that arise where there are no heirs, family members or beneficiaries who disagree over what the decedent did with his or her Last Will and Testament or trust; however, estate litigation may still be required.  For instance, the requisite estate litigation may be a lawsuit against a life insurance company that is refusing to honor the terms of a large life insurance policy due to questionable circumstances surrounding the death of the decedent. An experienced attorney is invaluable when it comes to offering assistance in navigating through these complex and often difficult matters.  

Guardianship 

When a family member or loved one is no longer able to physically care for themselves or govern their financial affairs, they can be in danger of hurting themselves or become an easy target to be hurt and exploited by others. Naturally, you want to do everything you can to help.  

We help our clients navigate through the process of obtaining a guardianship to protect their loved ones from the variety of risks posed to them. From family members raising children to taking care of grandparents, we can assist you in finding the proper solutions to your situation.  

Guardianships of Incapacitated Persons 

There are two types of guardianships that can be authorized in the state of Nevada: 1) a guardianship of the person, and 2) a guardianship of the estate of a ward.  An individual 18 years of age or older, deemed to be competent and approved by the Court, can be appointed as a guardian of the person and/or the estate of a ward. The guardian must act in the best interest of the ward at all times. Furthermore, a guardian must either be a Nevada resident or serve as a co-guardian with a Nevada resident.  

We can assist you in obtaining guardianship for your loved one. Taking such a step can allow an incapacitated or elderly individual to receive proper care and to avoid being a target for exploitation.  

Guardian of the Person 

Upon being declared the guardian by the Court, a guardian of the person is the individual responsible for making most of the life decisions for the ward, including authorizing medical care and making living arrangements for the incapacitated ward. 

Guardian of the Estate 

Upon being declared the guardian by the Court, a guardian of the estate is the individual responsible for making decisions concerning the financial affairs of an individual who has been deemed by the Court to be in need of protection.  

Guardianships of Minors 

Guardianship Litigation 

A guardian has certain duties and responsibilities which are specified under Nevada Law.  Unfortunately, there are situations where an appointed guardian for a minor or incapacitated individual breaches (fails to comply with) their fiduciary duties. When such a breach occurs, a guardian may be sanctioned or removed. Our attorneys can offer you their experience and expertise in seeking such sanctions or removals and in seeking the appointment of a preferred guardian.