Nevada Wills and Estates of Deceased Persons

Sec. § 155.165
Finding of vexatious litigant; sanctions; standing of interested party and vexatious litigant under certain circumstances.


1.

The court may find that a person, including, without limitation, a personal representative or trustee, is a vexatious litigant if the person files a petition, objection, motion or other pleading which is without merit, intended to harass or annoy the personal representative or a trustee or intended to unreasonably oppose or frustrate the efforts of an interested person who is acting in good faith to enforce his or her rights. The court may find that a personal representative or trustee is a vexatious litigant if the personal representative or trustee has expended the funds of the estate or trust to unreasonably oppose the good faith efforts of an interested person to enforce his or her rights. In determining whether the person is a vexatious litigant, the court may take into consideration whether the person has previously filed pleadings in a proceeding that were without merit, intended to harass or annoy a fiduciary or intended to unreasonably oppose or frustrate the efforts of an interested person who is acting in good faith to enforce his or her rights.

2.

If a court finds that a person is a vexatious litigant pursuant to subsection 1, the court may impose sanctions on the person in an amount sufficient to reimburse the estate or trust for all or part of the expenses, including, without limitation, reasonable attorney’s fees, incurred by the estate or trust to respond to the petition, objection, motion or other pleading and for any other pecuniary losses which are associated with the actions of the vexatious litigant. If a court finds that a personal representative or trustee is a vexatious litigant, the court may remove the personal representative or trustee and any sanctions imposed by the court must be imposed against the personal representative or trustee personally and not against the estate or trust. The court may make an order directing entry of judgment for the amount of such sanctions.

3.

The court may deny standing to an interested party to bring a petition or motion if the court finds that:

(a)

The subject matter of the petition or motion is unrelated to the interests of the interested party;

(b)

The interests of the interested party are minimal as it relates to the subject matter of the petition or motion; or

(c)

The interested party is a vexatious litigant pursuant to subsection 1.

4.

If a court finds that a person is a vexatious litigant pursuant to subsection 1, that person does not have standing to:

(a)

Object to the issuance of letters; or

(b)

Request the removal of a personal representative or a trustee.
Source

Last accessed
Feb. 5, 2021