Nevada Probate Lawyers











Nevada Probate Lawyers
Las Vegas Probate Lawyers

Contact Nevada Probate Lawyers for a free consultation.

(702) 388-1229



  • Court's discretion to refuse priority appointment

  • Las Vegas Probate Lawyers

    Court's discretion to refuse priority appointment

    In re Taylor's Estate, 61 Nev. 68, 114 P.2d 1086 (1941):

    We think the better reasoning to be that a court has discretion to act and refuse to appoint one otherwise preferred by statute if a statutory disqualification is clearly made to appear by competent and substantial proof, and that the same strict rule that the findings of the court must be within the issues formed cannot be applied in probate proceedings as they must be in the ordinary civil proceedings. An extreme case serves to illustrate the point we are endeavoring to make. Suppose issues have been formed relative to disqualification on the ground of drunkenness and want of integrity, and upon the hearing these charges are not sustained, but it is made to clearly appear from evidence introduced that the party was unable to execute the duties of the trust by reason of a want of understanding because of some form of insanity. Could it be said that the court is bound to appoint an insane person merely because the issue had not been presented in the objections filed? The answer is obvious. In Re Morgan's Estate, 209 Mich. 65, 176 N.W. 606, at page 609, it is said: "That some discretion rests in the probate court there can be no doubt. If a fair issue of fact is raised by the evidence of those denying the widow's competency because of unsound mind, lack of normal understanding or average intelligence [etc.], the discretion of the probate court can readily be conceded."

    The case of In re Nickals' Estate, 21 Nev. 462, 34 P. 250, is cited in support of the proposition that incompetency must be alleged and proved. In that case the court uses the words "neither allegation nor proof." What the opinion of the court would have been had there been proof of incompetency remains open for speculation.

    The argument made that only disqualifications set out in the statute can be recognized, while true, is not of much importance here, because of the fact that improvidence, the disqualification acted on by the lower court, is contained in our statute.

    We conclude that if a statutory disqualification is made to appear by substantial evidence, a court has a right to use its discretion and act thereon and refuse to appoint a disqualified person, even though such disqualification may not be alleged in the written objections, believing such a holding to be necessary in order to permit a court to properly safeguard an estate and to withhold administration thereof from the hands of incompetent persons.


    *** Any medical or legal information can be incorrect or outdated ***
    *** Consult a qualified source for current info ***


    More Las Vegas Probate Lawyers Information

    Nevada Probate Law Articles | Nevada Probate Lawyer Home





    DEMPSEY, ROBERTS & SMITH, LTD.
    1130 Wigwam Parkway
    Henderson, Nevada 89074

    (702) 388-1229

    Home | Probate Basics | Articles | Resources | Practice Areas | Contact Us

    A Nevada Probate Lawyer Can Assist You If You Need Any Of The Following:

    Nevada Probate Lawyer
    Nevada Probate Lawyers
    Nevada Probate Attorney
    Nevada Probate Attorneys
    Nevada Estate Lawyer
    Nevada Estate Attorney
    Probate Lawyer In Nevada
    Las Vegas Probate Lawyer
    Las Vegas Probate Lawyers
    Las Vegas Probate Attorney
    Las Vegas Probate Attorneys
    Las Vegas Estate Lawyer
    Las Vegas Estate Attorney
    Probate Lawyer In Las Vegas


    Neither the State Bar of Nevada nor any agency of the State Bar has certified any lawyer identified here as a specialist or as an expert.  Anyone considering a lawyer should independently investigate the lawyer's credentials and ability. This site is intended for Nevada residents and those with legal issues arising under the jurisdiction of the State of Nevada.  This site does not give legal advice or create an attorney-client relationship.  Laws are different in other states and localities, consult a local attorney.

    The information in this web site is provided for informational purposes only. The information does not constitute legal advice. The use of this site does not create an attorney-client relationship. Further communication with an attorney through the web site and e-mail may not be considered as confidential or privileged. Please contact our attorneys if you wish to discuss the contents of this web site.

    If you experience unusual problems with this site or discover dead links, please email the webmaster. Thank you.  


    Visit These Other Legal Sites

    Vegas Lawyer
    Injury Attorneys
    Wrongful Death Law
    Nevada Law
    Auto Injury
    Accident Claims
    Injury Network
    Estate Lawyers
    Las Vegas Lawyers
    Brain Injury Attorney
    Vegas Law
    Vegas Injury Law
    Nevada Attorney
    Nevada Lawyer
    Accident Lawyer

    Visit these sites for a free consultation regarding any type of Nevada accident claim.

    Copyright: David Matheny / Dempsey, Roberts & Smith, Ltd. 2004-2006.










    Dempsey, Roberts & Smith


    Nevada Accident Claims
    Nevada Lawyer


    Las Vegas Accident Attorney
    Vegas Lawyer


    nevadaprobatelawyers.com