fbpx

Nashville Estate Litigation Attorneys

24/7

(800) 719-2721

Currently only accepting cases of $250,000 value or more.

homepage

Our Probate Lawyers Handle Trust and Will Contests

Losing a loved one is perhaps the most difficult thing someone can endure. When you lose your loved one and the inheritance that’s rightfully yours, you have the right to take a stand. The Nashville estate litigation attorneys at Fair Share Lawyers are here to help.

Who's Protecting Your Fair Share?

Wills and trusts ensure your loved one's final wishes are honored. But fraud, abuse, and undue influence can deceive your loved one, deny his or her final wishes, and cheat you out of the inheritance that's rightfully yours. You may be wondering how you can make things right. At Fair Share Lawyers, our Nashville estate dispute lawyers want to help with your probate court issues.

We Settle Probate / Estate Disputes (Will Contests, Trust Disputes, Abuse of Power of Attorney)

We understand that defending your loved one's legacy and protecting your best interests go hand-in-hand. Our legal team is here to investigate your claim and help you fight for your full inheritance. We'll handle your probate or estate dispute with the respect and compassion you and your family deserve.

Will Contest Cases in Tennessee

Tennessee law provides a statute of limitations for filing lawsuits contesting wills. You have two years from the date of the order admitting the will to probate to file a lawsuit.

Tennessee law also sets forth how a deceased person’s assets should be distributed if they have no will, which will be the default distribution of those assets if a will is deemed invalid. An exception is if a previous version of the will exists, in which case asset distribution could be carried out in accordance with that previous will.

If you’d like to learn more about asset distribution after a will is deemed invalid and how it might apply to your case, reach out to our Nashville will contest attorneys for a free consultation.

Common Reasons Wills and Trusts Are Contested

The two reasons most of our clients contest wills are a lack of capacity or undue influence of their loved ones.

Contesting a Will or Trust Because a Lack of Capacity

A lack of capacity, also called a lack of testamentary capacity, means that your loved one didn’t possess the legal and mental abilities to create or change the will or trust. Common signs that your loved one lacked testamentary capacity include:

  • Lack of understanding of the people who would receive property or what was owned when the will or trust was created.
  • Alzheimer’s disease, dementia, or similar mental impairments
  • Impairment due to alcohol or drugs (prescription or illicit)
  • Severe emotional distress of any type

Contesting a Will or Trust Because of Undue Influence

Undue influence means that your loved one was tricked, coerced, or manipulated into changing their final wishes. Signs that your loved one might have been unduly influenced by a dominant party include:

  • A secretive relationship between your loved one and someone who stands to benefit by altering their final wishes
  • A dominant party over your loved one hired an attorney to draft a new will or make changes to your loved one’s life insurance policy
  • Secretive, unjust, or unnatural transactions of assets
  • Differences between what your loved one previously said their intentions were regarding their assets versus how their will or trust executes those wishes
  • Seclusion or withdrawal of your loved one from family and friends
  • Fraud or coercion of a loved one prompting a change in their final wishes

In many cases, a contested will or trust will include not just one, but two or more of the signs listed above.

Frequently Asked Questions About Contesting Wills and Trusts

Is it possible to contest a will without the need for court?

Yes. In some cases, a dispute can be resolved without needing to go to court. It’s possible that raising your issues with the will could result in the desired outcome. However, it’s common for will contests to be highly disputed, so it’s possible a lawsuit would need to be filed to result in a successful outcome.

At Fair Share Lawyers, our Nashville will contest attorneys believe that it’s best to be prepared for a potential lawsuit when disputing the validity of a will. Even if the case doesn’t require going to court, preparing as if it will is the most effective way to get the other side to cooperate.

Do I have standing to contest a will?

If you are named in the will or you would be a beneficiary if the will is deemed invalid, then you have standing to contest a will. Typically, those who contest a will are family members who have been left out of the will entirely or given less than their fair share.

How do I know if I should contest a will?

People usually come to us after noticing suspicious changes in their loved one’s will or unusual transfers of property prior to their passing. Sometimes a client’s loved one changed the beneficiary listed on retirement accounts or life insurance policies.

You have right to explore your legal options regarding a will contest if you believe:

  • A probate or trust estate has been mismanaged
  • Your loved one was subjected to elder abuse
  • There were technical errors in the execution of a will
  • Your loved one was unduly influenced
  • Your loved one lacked the capacity to make critical changes to their will

Demand Your Fair Share!

Our Nashville Will Contest Lawyers Can Help.

If you were unfairly cut out of a will, are the beneficiary of a mishandled trust, or believe an agent is abusing their power of attorney, get help now. You may be able to contest a will, trust, or transfer of property you believe is wrong, but you need to act quickly. Call the Nashville estate litigation and will contest attorneys at Fair Share Lawyers at (800) 719-2721 or fill out our free online form to Demand Your Fair Share!

fair-share-large-2x

Currently only accepting cases of $250,000 value or more.

*REQUIRED FIELDS

No Attorney Fees Unless
We Get Results

fair-share-small-2x

There’s No Cost or Obligation to Get Started

At Fair Share Lawyers, your initial consultation is always free and confidential. We will review your information, answer your questions, and determine if you have a case at no cost to you. And if you choose us to handle your case, you pay us no attorney fees unless we get you the money you’ve earned. Don’t wait to get help—contact us 24/7 to get started.

DisclaimerPrivacy Statement. Estate Dispute Claims Fair Share Lawyers, 798 Berry Road, #41947, Nashville, TN 37204. All elements of this website are copyrighted materials for Fair Share Lawyers, PLLC. Under contingency fee arrangement, if there is no recovery, clients pays no attorney fee. Clients remains responsible for costs and expenses associated with pursuing his or her claim. Court approval may be required in some instances before a contingency arrangement can be offered. Not all cases can be accepted on a contingency based on case type and/or unique facts associated with each potential claim.