After someone passes away, their surviving loved ones might have issues with their will , especially if they think it’s not valid. That’s why some beneficiaries or surviving family members choose to contest a will.
If survivors want to contest a will, they must do so within a certain timeframe, which is called the statute of limitations. These statutes vary, depending on which state you live in. Let’s look at the period in Tennessee when survivors can legally challenge the validity of a will.
Statute of Limitations for Contesting a Will in Tennessee
Once the courts have approved the will for probate, you have two years to contest the will under Tennessee’s statute of limitations. Note that the statute of limitations doesn’t begin as soon as the deceased passes away, but rather once probate is approved.
The Process Is Easier If You Begin Sooner than Two Years
Contesting a will can be a complex and, in some cases, combative process. That’s why contesting a will sooner after probate rather than waiting until the end of the statute of limitations can make life easier for you.
Your claim to contest the will takes time, and it might involve several parties, each making a case regarding the validity of the will and their rights to the deceased’s assets. Though your will contest attorney will work hard to handle as much of the process as possible, the more time they have available to do their job, the more likely they can reach a satisfactory outcome for you.
Grounds for Contesting a Will
People contest wills when they suspect that the will isn’t a true reflection of their loved one’s wishes. In most cases, this means that their loved one was subject to undue influence from someone in their life. That might be a spouse, child, caretaker, or any other party that manipulated or coerced the loved one into changing their will.
Another argument a person can make when contesting a will is that their loved one lacked the capacity to make decisions regarding their will. This might be the case if their loved one had dementia or was physically and mentally ill when they altered or drafted their will.
Who Can Contest a Will in Tennessee?
To contest a will, you must first have standing to do so. That means you are or have been a beneficiary of your loved one’s estate, or you would be considered a beneficiary if no will existed. This includes anyone listed on the current will, previous versions of the will, and spouses and children of the deceased.
Need Help Contesting a Will? Contact Fair Share Lawyers.
The Nashville will contest attorneys at Fair Share Lawyers are dedicated to helping those who feel they’ve been denied the inheritance they deserve. It’s our mission to help you get your fair share!
If you’d like to discuss your case with our legal team, contact Fair Share Lawyers today to schedule a no-obligation case review so we can help you better understand your legal options.