My brother and i were disinherited in my mother's updated trust. She named her companion/primary caregiver trustee and sole beneficiary. She had an extensive, documented history of mental illness up to the time of her death and her companion restricted me and my brother from seeing or speaking to her. Sans the advice to get a lawyer: What r the steps to contest the trust? Do I file a lawsuit? Do I petition the court to find the trust invalid? Where can I find a list of the steps: internet link, LexisNexis, law library (key search words). Thanks
Based upon the facts presented, you will likely need to file a petition with the probate court requesting that it to (1) take Jurisdiction over the Trust and (2) request that the trust be invalidated. NRS 164 identifies the requirements in drafting said petition.
IF you have a case, it will be for "undue influence" or presumed abuse. NOT something you'll be able to do without an attorney. Nevada adopted a new law in October 2015 that is VERY STRONG in protecting against exactly what you've described.
My suggestion is that you and your brother go see an experienced trust litigator in Las Vegas.
Work with an experienced Trust attorney in Clark County to pursue this matter due to your mother's age and health and vulnerability. See Avvo.com under 'Find-A-Lawyer'. Good Luck to you and your brother.
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