Estate Litigation Lawyer Memphis TN
Disagreements during probate typically call for the help of an estate litigation lawyer Memphis, TN recommends 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 Memphis, TN estate litigation lawyer 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 an estate litigation attorney to protect your interests can be an important step in getting fair results in the most efficient manner possible.
Common types of probate disputes include:
- Disputes Regarding Who Will Be Appointed Executor or Administrator.
If a will does not specify an executor, if the named executor is deceased or incapacitated, or if the competence of the named executor is in question, a dispute can arise among potential heirs or interested parties, especially when an estate planning lawyer Memphis, TN recommends was not used in the first place. A disputing party may ask the court to appoint another person as the executor, starting the entire probate process on an adversarial foot, particularly if interested parties cannot agree on an alternate appointee.
- Disputes Regarding Identification of Assets.
Disputes can also arise if potential heirs or creditors believe that the will’s executor is not being forthright or thorough in his or her identification of the assets in the estate. Misidentification or misvaluation of assets can result in lower payments to creditors and heirs. Heirs and creditors may ask at this point in the probate process for another executor to be appointed, may present evidence of assets not considered in the initial audit, or may raise potentially more serious allegations of fraud or wrongdoing on the part of the executor, particularly if he or she has a financial interest in the assets of the estate.
- Disputes Among Creditors.
Creditors may challenge the valuation and available assets within an estate. Creditors may also dispute with each other as to which creditor gets first dibs on the assets of the estate. This becomes important if an estate’s debt is large such that the value of the estate may be completely consumed, leaving “last in line” creditors with no payment. Heirs may also challenge the legitimacy of creditors to try to protect the estate and preserve assets for distribution to themselves.
- Disputes Among Heirs.
Heirs may also dispute the value of the assets to be distributed, the order in which assets or distributed, or may even dispute the validity of the will all together. This can be particularly stressful and ugly, and it is imperative that you get the help of a Memphis, TN estate litigation lawyer as soon as possible.
Get Help From an Estate Litigation Lawyer in Memphis, Tennessee
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 insuring proper and timely administration of the will. For more information, call the trusted estate litigation lawyer Memphis, TN trusts from Wiseman Bray, PLLC.