Franklin Probate and Estate Litigation Lawyer

Franklin Probate and Estate Litigation Attorney

Estate and probate litigation arise when there are disputes over the distribution of a deceased person’s assets, the validity of their will, or the administration of their estate. These legal conflicts can involve family members, beneficiaries, creditors, or other interested parties. Understanding the common reasons for litigation, the legal processes involved, and the importance of having a skilled Franklin Probate and Estate Litigation Attorney is crucial. Emmack Probate and Estate Law Group is here to guide you through these complex and emotionally charged situations.

COMMON REASONS FOR ESTATE AND PROBATE LITIGATION

Will Contests

• Lack of Testamentary Capacity: A will can be contested if the person who made it (the testator) did not have the mental capacity to understand what they were doing. This means they must know they’re making a will, understand the extent of their property, recognize their heirs, and comprehend how their assets will be distributed.
• Undue Influence: This occurs when someone pressures the testator into making or altering their will in a way that doesn’t reflect their true intentions. If undue influence is proven, the will may be invalidated.
• Fraud: Fraud involves deceiving the testator about what they’re signing or misrepresenting the contents of the will. A will created under fraudulent circumstances can be contested and potentially set aside.
• Duress: Similar to undue influence, duress occurs when the testator is forced or threatened into making or changing their will. A will created under duress may not be valid.
• Improper Execution: A will must be executed according to specific legal requirements, including being signed by the testator and witnessed by at least two people. If these formalities aren’t followed, the will can be contested.
• Revocation: If there is evidence that the testator intended to revoke the will, such as by creating a new will or destroying the old one, this could be grounds for a will contest.
• Mistake: Errors in the will, such as misidentifying beneficiaries or assets, can lead to disputes. Contesting the will may be necessary to correct these mistakes.
• Forgery: Forgery involves unauthorized signing or altering of the will. If proven, the will can be declared invalid.
• Ambiguities: Unclear language in a will can lead to disputes among beneficiaries or heirs. Clarifying these ambiguities might require legal intervention.
• Pretermitted Heirs: If a child or other heir is accidentally left out of the will, they may contest it to claim their rightful inheritance.

Disputes Over Estate Administration

• Executor Misconduct: The executor is responsible for managing the estate according to the will and state law. If the executor is accused of mismanagement, such as failing to properly distribute assets or acting in their own interest, this can lead to litigation.
• Creditor Claims: Creditors may file claims against the estate to recover debts owed by the deceased. Disputes can arise over the validity or amount of these claims.
• Disagreements Among Heirs or Beneficiaries: Conflicts often occur when heirs or beneficiaries disagree on how the estate should be managed or how assets should be distributed.

Trust Disputes

• Interpretation of Trust Terms: Disagreements may arise over the meaning of the terms in a trust document, leading to litigation to clarify or enforce the trust.
• Breach of Fiduciary Duty: Trustees have a duty to act in the best interests of the beneficiaries. If a trustee is accused of breaching this duty, such as by mismanaging trust assets, beneficiaries may sue for breach of fiduciary duty.

THE PROCESS OF ESTATE AND PROBATE LITIGATION

1. Filing a Petition: The first step in estate or probate litigation is filing a petition in probate court on Franklin, Tennessee. This petition outlines the dispute and what the petitioner wants the court to do. This could be contesting a will, challenging an executor’s actions, or resolving a trust dispute.
2. Determining Standing: Standing is the legal right to bring a case to court. In will contests, the court first determines whether the contestant has a substantial interest in the estate, such as being a beneficiary or heir. If standing is not established, the case cannot proceed.
3. Discovery: During discovery, both sides gather evidence to support their claims or defenses. This can include obtaining documents, taking depositions, and questioning witnesses. Discovery is crucial in uncovering the facts needed to resolve the dispute.
4. Mediation and Settlement: Tennessee courts often encourage mediation to resolve disputes before going to trial. In mediation, a neutral third party helps the disputing parties reach a settlement. Many cases are resolved at this stage, avoiding the time and expense of a trial.
5. Trial: If mediation doesn’t resolve the dispute, the case proceeds to trial. Both sides present their evidence and arguments, and the judge (or sometimes a jury) makes a decision.
6. Appeal: If one party is dissatisfied with the court’s decision, they may appeal to a higher court. The appeal process reviews the trial court’s application of the law rather than re-examining the facts.

WHY YOU NEED AN ATTORNEY FOR ESTATE AND PROBATE LITIGATION

Legal Complexity: Estate and probate litigation involve navigating complex legal rules and procedures. An experienced attorney can guide you through these challenges, ensuring that your case is presented effectively and that you meet all procedural requirements.

Emotional and Financial Stakes: Disputes over a loved one’s estate can be emotionally charged and financially significant. An attorney provides objective advice, helping you understand your rights and the potential outcomes, which can reduce the stress and conflict involved.

Procedural Requirements: Strict deadlines and procedural rules must be followed in estate and probate litigation. An attorney ensures that all legal requirements are met, from filing petitions to presenting evidence, protecting your rights throughout the process.

Negotiation and Mediation: Many disputes are resolved through negotiation or mediation. An attorney can represent your interests in these discussions, helping you reach a fair settlement that aligns with the decedent’s true intentions.

Trial Representation: If your case goes to trial, having an attorney is essential. They can effectively present your case, cross-examine witnesses, and argue on your behalf, increasing the likelihood of a favorable outcome.

If you’re facing a probate or estate dispute, attorney Shanone Emmack is prepared to guide you through the process towards a positive resolution or fiercely represent you in court.

Reach out to Emmack Probate and Estate Law Group online or at 615-920-0906 to arrange for your consultation at our law firm today.