Nashville Probate Litigation Lawyer

Nashville Probate Litigation Attorney

The legal process of managing an estate can be complex. If disputes arise over a will, trust, or estate administration, it’s important to have a knowledgeable Nashville probate litigation lawyer on your side. The experienced team of Emmack Probate and Estate Law Group represents beneficiaries, heirs, executors, trustees, and other interested parties in resolving complicated probate litigation claims in Tennessee.

What Is Probate Litigation?

Probate litigation refers to legal disputes that arise during the probate process. This includes the court-supervised procedure of validating a will, identifying and inventorying the deceased’s assets, paying debts and taxes, and distributing the remaining assets to heirs. Unlike routine probate administration, litigation involves disagreements that require formal court intervention to resolve.

Common probate litigation claims include:

• Will contests
• Breach of fiduciary duty by an executor or trustee
• Claims of undue influence or fraud
• Disputes over asset ownership or distribution
• Accounting disputes
• Trust litigation and interpretation disputes
• Lack of mental capacity when a will was executed

If you are involved in a dispute, it’s a good idea to hire a probate litigation lawyer who understands both Tennessee law and the family dynamics that often impact these types of cases. Emmack Probate and Estate Law Group is well-versed in probate statutes and case law, keeping up to date on legal precedents that can affect your claim.

Common Types of Probate Litigation

At Emmack Probate and Estate Law Group, we help clients in a range of probate disputes. These can include:

• Will contests. About 33% of U.S. residents have a will in place. However, a will contest can arise when someone challenges the validity of the will. This can happen when the deceased did not understand the consequences of signing a will or when fraud or forgery is suspected. Improper execution also falls into this category. Only about 1% of will contests are successful.
• Breach of fiduciary duty. Executors, administrators, and trustees can be held liable for actions such as failing to provide accurate accounting or mismanaging estate assets. A Nashville breach of fiduciary duty lawyer can help protect your interests in these situations.
• Undue influence and elder financial abuse. Elderly individuals are often vulnerable to pressure from caregivers or relatives, which can result in questionable changes to estate documents. If you suspect undue influence, working with attorneys who understand proving undue influence in Tennessee can safeguard your family’s legacy. About 8% of older adults experience financial abuse in the United States.
• Trust disputes and trust litigation. Trusts are commonly created to avoid probate, but issues can still arise, such as trustee misconduct or disputes among beneficiaries. The guidance of a Nashville trust disputes lawyer can be vital.
• Beneficiary rights disputes. If you’re a beneficiary who believes you’re not receiving your rightful inheritance, or if you’re being excluded unfairly, we can advocate on your behalf.

How the Probate Litigation Process Works

Every probate litigation case is different, but they generally follow the same steps.

• Initial consultation. When you meet with our team at Emmack Probate and Estate Law Group, we evaluate the factors of your case and advise you on whether litigation is appropriate.
• Filing a claim. We prepare and file the necessary pleadings through Davidson County Probate Court at 1 Public Square in Nashville to initiate your claim.
• Discovery phase. We gather evidence, interview witnesses, and exchange documents to build your case.
• Mediation or settlement discussions. Many probate disputes can be resolved through negotiation or mediation, which avoids a lengthy trial process.
• Trial. If no settlement is reached, we present your case before a judge, advocate for your position, and pursue a favorable judgment.

Choosing Emmack Probate and Estate Law Group

The skilled team at Emmack Probate and Estate Law Group holds a strong reputation in Nashville for integrity, professionalism, and results-driven advocacy in probate disputes. We concentrate on estate, probate, and trust laws, handling even the most complex cases with success.

Our goal is to keep you informed at every step of the process and help you make informed decisions about your case. We’re not afraid to go to court and challenge wrongdoing, if necessary. Our team aggressively protects your rights.

FAQs

How Much Does a Probate Lawyer Cost in Tennessee?

The cost of hiring a probate lawyer in Tennessee varies depending on the complexity of the estate, the attorney’s experience, and whether the estate is contested. Some attorneys may charge a flat fee, while others bill on an hourly basis. Costs may increase if there are additional legal steps necessary to locate heirs or resolve disputes among the heirs.

Do You Need a Lawyer for Probate in Tennessee?

While Tennessee does not legally require a lawyer for probate, it can be extremely beneficial to have one in your corner. Probate involves legal procedures, deadlines, and paperwork that can be confusing to navigate. This is particularly true for large estates with complex assets or if parts of the estate are contested. A probate lawyer can ensure compliance with state laws, reduce delays in proceedings, and help you avoid costly mistakes as per the Tennessee probate process.

What’s the Difference Between an Estate Lawyer and a Probate Lawyer?

An estate lawyer typically helps clients plan by drafting a will, trust, or other documents that manage assets or ease tax burdens. A probate lawyer focuses on administering a deceased person’s estate through the court-supervised probate process. The two roles overlap in some areas, such as asset distribution and estate planning. However, probate lawyers are generally more involved after a death, while estate lawyers help during the person’s lifetime.

How Long Does Probate Take in Tennessee?

The probate process in Tennessee can take a while, depending on the complexity of the estate, court schedules, and whether there are disputes among the heirs. Simple estates without the need for litigation may resolve much faster. Working with an experienced probate lawyer can help streamline the process and avoid unnecessary delays.

Contact Our Nashville Probate Litigation Lawyer Team Today

If you and your family are facing a dispute surrounding a will, trust, or estate, you need a trusted Nashville litigation attorney to see you through. Emmack Probate and Estate Law Group can help you find clarity and resolution in a complex legal landscape.

Contact our Nashville probate litigation lawyers today to schedule a consultation.

Nashville Probate Litigation Resources

• Why would you want to avoid probate in Tennessee?

• Does the executor of a will have the final say in Tennessee?

• What happens if an executor does not want or cannot act in Tennessee?

• Can I sue an executor of an estate in Tennessee?