Can an intestate estate be contested in court?
Yes, an intestate estate can be contested in court in Nevada. Intestate succession is the process of distributing the estate of a deceased person who did not have a valid will. When this happens, Nevada law provides a legal framework for determining who gets what of the estate when there is no will. When an estate is distributed according to intestacy laws, it is sometimes challenged in court. Challenges to intestate estates can occur when a person is unhappy with the way the state distributions are determined or when they think a person should be included or excluded from the distribution. The most common challenges are made by family members seeking to be excluded from, or added to, an intestate succession plan. In Nevada, a court may consider a challenge to an intestate estate if the challenger can show that it fails to comply with the laws of intestacy. To do this, the challenger must demonstrate that the person making the distribution was not properly appointed to act on behalf of the estate, that the distribution failed to adequately consider all relevant factors under Nevada law, or that the distribution is not reasonable. If an intestate estate is successfully challenged in court, the court can order new distributions to be made or modify existing distributions. As such, it is important to note that a court challenge to an intestate estate is not guaranteed to be successful, as the court usually exercises discretion when making a ruling. However, it is important to understand that any challenges made must be done in a timely manner, as the court may not entertain any challenges that are made after the final distribution has been made.
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