Disagreements during probate typically call for the help of an estate litigation lawyer in Memphis, TN from Wiseman Bray, PLLC. If you are familiar with the probate process, you are aware that it can sometimes be fraught with argument and disagreement. Such disagreements can frustrate the probate process, costing the estate money in court and attorney fees and increasing the amount of time it takes to complete disbursement of the estate’s assets. This increased time and cost can put a financial strain on potential heirs and can also put creditors at risk of not being able to collect their debts owed.
Additionally, disagreements during probate can add to the already stressful emotional situation of losing a loved one. Considering the potentially high monetary and emotional stakes, you should consider consulting with a member of our team to discuss any concerns you have about probate disputes. Consulting an attorney before disputes manifest as litigation can help you head off conflict at the pass. If you are already involved in a probate dispute, hiring us to protect your interests can be an important step in getting fair results in the most efficient manner possible.
Potential For Disagreements
Even when you meticulously plan your estate, there is a potential for disagreements to occur between beneficiaries, heirs, executors, and other vested parties. An estate litigation lawyer Memphis TN residents trust is well versed in probate law and understand the intricate procedures and rules that come with the probate process. For years we have been representing clients whose rights may have been affected after a will has been probated at the Probate Court.
Common types of probate disputes include:
Whether you are a beneficiary, heir, or executor, if you believe the estate is in some way vulnerable, you did not get your fair share of the estate, or you’re being accused of making an error as the executor, please call our law firm for assistance.
Common Causes of Action to Contest a Will
A will contest is a formal objection to the validity of the will. In general, a will contest is filed when one or more parties believes the will doesn’t reflect the true intent of the testator. There are a number of reasons to contest a will, including:
If a person is thought to lack mental capacity at the time they wrote the will, it is possible to contest the will claiming that it is not valid. Usually, this is possible when the testator suffered from dementia, alzhiemers, a head injury, or some other mental condition at the time of the writing of the will.
Undue influence may occur when one person exerts pressure upon the testator of the will. In other words, they coerce the person to leave their assets in a certain way, to gift their assets while alive, to disinherit to inherit someone, to sign a contract, and so forth. A TN estate litigation lawyer would need to prove that the influence was so strong that the testator could not refuse to give into the pressure.
The person who is in charge of the estate has a duty to manage the will and adhere to his or her duties in the correct manner. They must act honestly and in good faith. All of their actions should be transparent at all times. If they fail to do so, it may be considered a breach of fiduciary duty. In this case the estate and it’s heirs may ask an estate litigation lawyer to file a lawsuit against the administrator.
In addition to the above, our law firm may be needed for issues that involve:
Regardless of the context in which estate litigation arises during the probate process, it will likely increase the stress level in an already tense situation. Having a competent and skilled litigator on your side, who is also familiar with estate law in your state, can make all the difference in protecting your interests and ensuring proper and timely administration of the will.
If you believe you have a probate litigation matter, please call our law firm for advice and assistance. For more information, call a trusted Tennessee estate litigation lawyer in Memphis at Wiseman Bray, PLLC.