If you need legal assistance regarding probate litigation matters, contact us online or call us at (615) 800-7096 today for a free consultation with an experienced attorney.
After the death of a loved one, there can be contention within the family. The validity of a will or a trust may come into question. If that occurs, there is concern about the validity of a will or how the assets were divided. If this occurs, not only can it create friction in the family, but it could lead to legal action.
The Nashville estate litigation attorneys at Martin Heller Potempa & Sheppard, PLLC understand the ins and outs of estate law in Tennessee. We know that some of these matters cannot be settled by without legal intervention and we will fight for your rights both inside and outside the courtroom. We will do anything we can to make sure your loved one’s wishes are carried out correctly, as he/she intended.
When Probate Litigation is Necessary
When someone contests or believes part of the estate is invalid – when it’s either the will, a trust, or a conservatorship — litigation may be necessary to clarify the matter. That means you need a skilled trial lawyer who can fight for your rights in the courtroom. Not all estate lawyers have the trial experience necessary to take on these challenges. Fortunately, our estate litigation lawyers have the spent years fighting for our clients’ rights throughout Tennessee.
Some of the reasons why estate litigation may be necessary can be the following:
Will Contests: One of the most common legal proceedings is a will contest. The purpose of a will contest is to obtain a legal ruling on whether the instrument is valid, as well as a finding as to who is entitled to benefit from it. Several types of scenarios may lead to a will contest. For example, two conflicting wills were, may allege that a will has been revoked or amended, or may contend that undue influence, fraud, or lack of mental capacity affected the decedent or testator.
Trust Disputes: Legal action may also be required when trust assets are comingled with personal funds, or a trustee has not disclosed pertinent information. In these cases, the beneficiaries to a trust may request an “accounting” of the trust, which is a detailed description of transactions during a certain period. Litigation related to trust accounts can be highly-detailed and complex. The estate attorneys at Martin Heller Potempa & Sheppard have the skill and experience to keep your interests a priority when litigating these matters.
Medical/Financial Decision Disputes: We all want what is best for our loved ones. All adults are presumed capable of making their own legal decisions, whether financial or medical. Powers of Attorney are helpful to direct who will make decisions should an adult be unable to make their own decisions. It is important to note that a power of attorney merely allows a third party to make decisions for an adult. However, when dementia or mental illness is present, it may be necessary to remove an adult’s decision-making powers with a conservatorship.
Discuss Your Dispute with Our Nashville Estate Litigation Lawyers
If you or someone you love is going through an estate dispute, contact the estate litigation lawyers at Martin Heller Potempa & Sheppard. Our lawyers represent residents of Nashville and individuals elsewhere in Davidson and Williamson Counties, including Brentwood, Heritage, Madison, Bellevue, and Antioch. To speak with a member of our staff, contact us.