Disputes over an estate or trust are rarely just about money. They arise among family members, business partners, and beneficiaries at some of the most difficult moments in their lives, and they turn on documents and decisions that can no longer be explained by the person who made them. Resolving these matters well takes a particular combination: a deep command of Nevada trust and estate law, and the willingness and ability to litigate.
The Jimmerson Law Firm represents beneficiaries, heirs, trustees, executors, and fiduciaries in probate and trust litigation throughout Nevada. Our advantage is one many firms cannot claim: we both draft and litigate trusts. We understand these instruments from the inside—how they are built and how they fail—and we bring that understanding into the courtroom, backed by practice in Nevada since 1977, trial and appellate experience, and an AV rating. Many firms handling these cases are estate planners who rarely litigate, or civil litigators without trust-specific depth. We are neither.
The Disputes We Handle
- Will contests — challenges to the validity of a will based on lack of capacity, undue influence, fraud, duress, or improper execution
- Trust contests — challenges to the validity of a trust or its amendments
- Trustee and fiduciary misconduct — breach of fiduciary duty, self-dealing, mismanagement, and failure to account
- Trustee removal — actions to remove a trustee who has breached the trust or can no longer serve properly
- Accounting disputes — demands for a proper accounting and challenges to the numbers provided
- Beneficiary rights — enforcing a beneficiary’s right to information, to proper administration, and to their rightful distribution
- No-contest clause disputes — challenges involving in terrorem clauses and their enforcement
- Guardianship and conservatorship litigation — contested proceedings involving the care and estates of protected persons. Establishing a guardianship is family law; contesting one is probate litigation.
- Undue influence and financial exploitation — particularly where a vulnerable person’s estate plan was altered under pressure
Deadlines Move Quickly—Especially for Trust Contests
Nevada imposes strict deadlines in these matters, and missing one can permanently cost you the right to be heard. Most notably, when a trustee provides the statutory notice required under Nevada law, a beneficiary generally has only 120 days from the date that notice is served to bring an action contesting the validity of the trust. That notice must warn you of the deadline in bold type. Because the window is short and the consequences are final, anyone who suspects a problem with a trust should seek advice promptly rather than waiting.
Grounds for Challenging a Will or Trust
Nevada law recognizes several bases for setting aside a will or trust, including that the person who made it lacked the mental capacity to do so, that it was the product of undue influence or duress, that it was procured by fraud, or that it was not properly executed. Undue influence claims are especially common where an elderly or vulnerable person’s estate plan was changed late in life in favor of a caregiver, a new acquaintance, or one family member over others. These cases are fact-intensive and evidence-driven, and building them well requires both investigative rigor and a command of the governing law.
Fiduciary Duty and Trustee Accountability
Trustees, executors, and other fiduciaries owe strict duties to the beneficiaries they serve—to administer the estate or trust loyally, to act impartially, to keep proper records, and to account. When a fiduciary engages in self-dealing, favors one beneficiary over others, mismanages assets, or refuses to provide information, Nevada law provides remedies, including removal of the trustee, a court-ordered accounting, surcharge for losses, and other relief. We represent beneficiaries seeking to hold fiduciaries accountable—and fiduciaries who are defending the good-faith decisions they made.
Why The Jimmerson Law Firm
An estate or trust dispute deserves attorneys who know the substantive law as well as the courtroom, and who can draw on a full-service firm when a case reaches into business interests, family dynamics, or related litigation. That is what we offer: trust and estate depth, genuine trial capability, and the broader resources of an established Nevada litigation firm—together, under one roof. If you are facing a dispute over an estate, a trust, or a fiduciary’s conduct, we would welcome the conversation.
Schedule a confidential consultation. Call (702) 388-7171.
Frequently Asked Questions
What is probate and trust litigation?
It is the area of law dealing with disputes over wills, trusts, estates, and fiduciaries. Common matters include will and trust contests, claims against trustees or executors for misconduct, trustee removal, accounting disputes, beneficiary rights, and contested guardianships. These cases are resolved in Nevada’s probate courts and, in some instances, on appeal.
How long do I have to contest a trust in Nevada?
Deadlines are short. Under Nevada law, once a trustee provides the required statutory notice, a person generally has only 120 days from the date that notice is served to bring an action contesting the trust’s validity. The notice itself must state this deadline in bold type. Because the window is brief and the bar is final, act quickly if you suspect a problem.
On what grounds can I contest a will or trust?
Common grounds include that the person lacked the mental capacity to make it; that it resulted from undue influence, duress, or menace; that it was procured by fraud; or that it was not properly executed or witnessed as the law requires. Each ground is fact-specific and must be supported by evidence.
What is undue influence?
Undue influence occurs when someone uses a position of power or trust to override the free will of the person making a will or trust, so that the document reflects the influencer’s wishes rather than the maker’s. It is a frequent claim where a vulnerable or elderly person’s estate plan was changed late in life to benefit a caregiver, new companion, or one family member over others.
Can I remove a trustee?
Yes, in appropriate cases. Nevada law allows a court to remove a trustee for breach of trust, serious mismanagement, hostility that impairs administration, incapacity, or other grounds that make continued service inappropriate. Removal is often paired with a claim for the losses the trustee’s conduct caused.
What is breach of fiduciary duty by a trustee or executor?
Fiduciaries must act loyally and impartially, manage assets prudently, keep records, and account to beneficiaries. A breach—self-dealing, favoring one beneficiary, mismanaging or misusing assets, or refusing to provide information—can expose the fiduciary to removal, a court-ordered accounting, surcharge for losses, and other remedies.
What are my rights as a beneficiary?
Beneficiaries generally have the right to information about the trust or estate, to a proper accounting, to administration consistent with the document and the law, and to receive their rightful distributions. When those rights are ignored, you can petition the court to compel compliance and to address any harm caused.
What is a no-contest clause, and will it disinherit me if I challenge?
A no-contest (in terrorem) clause is intended to discourage challenges by threatening to reduce or eliminate a challenger’s share. Nevada enforces these clauses but recognizes exceptions, and whether one applies to your situation depends on the facts and the specific language. Get advice before acting, because the analysis is nuanced.
Who decides these cases—a judge or a jury?
It depends on the matter. In a will contest, Nevada law allows a party to demand a jury on certain questions, while challenges to the validity of a trust are generally tried by the court. Much of probate and trust litigation is decided by a judge in Nevada’s probate courts.
How long and how expensive is probate or trust litigation?
It varies widely with the complexity of the dispute and the parties’ willingness to resolve it. Straightforward matters can move relatively quickly; hard-fought contests involving capacity, valuation, or accounting can take much longer. Fees are typically hourly, and in some circumstances costs or fees may be awarded from the estate or trust. Early assessment of the strengths, costs, and options is part of a sound strategy.
This page is for general information and is not legal advice. Deadlines in these matters are strict—contact us promptly to discuss your specific situation.
Part of our Las Vegas litigation practice.