Franklin Will Contests Lawyer

Franklin Will Contests Attorney

In Tennessee, you can contest the last will and testament of a loved one after their death. However, you must have a good reason why it should not be considered valid. There are criteria and an official process for such formal objections. A skilled Franklin will contests lawyer like Shanone Emmack can build a case for you and navigate the probate court system. Contact Emmack Probate and Estate Law Group for a free consultation.

Challenging a Will

Tennessee processes about 6,000 probate cases a year. Of those, 0.5%-3% of wills are contested. The only person who can legally challenge a will in Tennessee is:

• A beneficiary, who is a person or organization named in the will to inherit part or all of the estate
• Someone who has a reason to believe they should have been a beneficiary

In general, this means close relatives, like a spouse or child. In some cases, like blended families, it may be another parent, sibling, some other family member, a close friend, or even a non-profit organization.

In addition to being related to the deceased, there must be a valid legal reason to believe that the will should be invalidated. Simply being imbalanced or unfair is not enough of a reason for the probate court to deem a will invalid. An experienced probate lawyer can help determine if your case meets the legal criteria. Only certain circumstances are recognized by the courts as reasons to contest a will, and those relate to how the will was created and executed. That is why you should avoid probate in Tennessee whenever possible, as it can lead to complex legal disputes and lengthy court proceedings.

Testamentary Capacity

Testamentary capacity means the testator, or the deceased person who created the will, had the legal and mental ability to create or change their will. In other words, the person’s mental state lacked the capacity to make informed decisions at the time the will was drafted. For example, a child does not have the capacity to make legal decisions for themselves. To challenge testamentary capacity, the challenger has to show that the testator:

• Was not capable of understanding that they were making a will
• Did not know the full consequences of that action
• Could not fully comprehend the nature and value of their estate

Additionally, they could show that the testator suffered from a mental disorder that would prevent them from making rational decisions about important matters. Such disorders include:

• Dementia
• Alzheimer’s disease
• Untreated mental illness, like schizophrenia
• Impairment caused by substances like drugs or alcohol
• A medical condition, such as a stroke or brain injury, that impacts cognitive functionality

Valid Execution

A will in Tennessee also has to meet certain legal requirements to be considered valid. In general, a will has to be written (as opposed to verbal) and signed by the testator in the presence of witnesses, who also have to sign the document to confirm its authenticity.

It is important to note that the witnesses must have the capacity to act as witnesses, and they can’t be someone who benefits from the will. It is also standard to have wills notarized.

An experienced wills lawyer can help ensure that all legal requirements are met to avoid potential disputes. In some cases, handwritten, also called holographic, wills may be accepted if there are two additional sources of handwriting for comparison. Only in extreme cases such, as imminent death due to peril, would an oral, or nuncupative, will be considered valid. Even then, there are very strict rules about how an oral will can be applied. Both handwritten and oral wills can leave the testator’s wishes more susceptible to legal challenges or even fraud.

In general, a person has two years to contest a will. To contest the valid execution of a will in Tennessee, one or more of the following circumstances must be proved:

• The testator did not have full knowledge and approval of the contents of the will, or they did not have the capacity for such.
• Undue influence was involved, which means that someone like a caretaker, relative, or friend coerced the testator into altering the will to benefit the interfering party.
• The will is the result of forgery or other fraud.
• The testator’s wishes were not carried out due to an error or misunderstanding.

FAQs

How Much Do Most Lawyers Charge for a Will Contest?

The cost of hiring a lawyer to contest a will can vary, depending on the circumstances of the case. These include the complexity of the situation, the value of the estate, and the probate lawyer’s experience, geographical location, and fee structure. There may also be additional costs, like court fees. Ask your attorney about fees and payment during your initial consultation so you can understand the expectations.

What Percentage of Will Contests Are Successful?

There is no clear data on what percentage of will contests are successful. However, most wills are generally not contested. Of those that are, the success of the case depends on the strength of the evidence. Concrete evidence in writing or other documentation is generally the most effective. A skilled will contest lawyer can determine the likelihood of success in your particular circumstances, based on the details of your case.

What Type of Lawyer Is Ideal for a Contested Will?

The ideal type of lawyer for a contested will is a local probate and estate planning lawyer, especially one with extensive experience and a proven success record with contested will cases. Such a lawyer has the necessary familiarity with the laws and legal procedures for challenging a will, which includes the probate process as well as how wills must be created and executed. Furthermore, they are also familiar with the local probate court, in this case, the Franklin County Chancery Court.

How Do I Contest a Will Without a Lawyer?

Whether you have the legal representation of a lawyer or not, the process is the same to contest a will. You must file a petition, gather evidence, negotiate with the other parties and, potentially, go to trial. It is important to note that a person contesting a will without a lawyer is still expected to follow all court procedures. Furthermore, court officials and employees can only provide limited assistance in the process, and they are prohibited from offering legal advice.

The team at Emmack Probate and Estate Law Group has significant experience in probate and estate law. Reach out to our office today to discuss your case.