Forest Hills Trust Disputes Lawyer

Trust Disputes Attorney In Forest Hills, TN

Trusts are useful in estate planning to protect and distribute assets. Trusts are legally binding documents that often have financial and personal benefits during one’s lifetime and after death. Establishing a trust is complex but provides legal protection after death to help prevent family issues or trust disputes. Consider creating trust or disputing a trust with an experienced Forest Hills, TN, trust disputes lawyer at Emmack Probate and Estate Law Group.

Skilled legal support is crucial for trusts. If you have a trust dispute case, let the experienced Forest Hills trust disputes attorneys at Emmack Probate and Estate Law Group help. Our team has the knowledge you need to confidently face your trust dispute or to prevent one from happening.

What a Forest Hills Trust Disputes Attorney Does for You

When you hire a trust disputes lawyer, you get legal support and guidance on navigating the required details to file, investigate, negotiate, or litigate a trust dispute case. In Tennessee, a trust is not a public document and does not have to go through probate court. In this way, the asset amounts and distributions are private.

When contesting a trust, review the Tennessee Universal Trust Code (TUTC). It is also vital to understand the Tennessee probate process if the trust is connected to a larger estate being settled. Tennessee Code 35-15-402 describes the requirements for a valid trust. You can find the rules for contesting a trust under section 35-15-604. The basics of when a person can challenge a trust include:

• Breach of fiduciary duty
• Mismanagement of trust property or administration
• Trust validity due to fraud, undue influence, or lack of mental capacity
• Failure of trustees to inform beneficiaries or provide accurate reports

Timelines are critical. You may need to learn how to close a revocable living trust after death in Tennessee to understand the administrative steps involved. A person must contest the validity of a trust immediately after the estate owner’s death or within two years of death, or within 120 days after receiving a copy of the trust from a trustee.

The TUTC is a living document, meaning the rules can change yearly. It’s in your interests when considering disputing a will to work with a dedicated Forest Hills TN wills lawyer who understands the TUTC and is aware of recent updates.

Hire a Trust Disputes Lawyer in Forest Hills

A 2025 survey found that in the U.S., only 59% of adults have an estate plan. 13% included a living trust, with only 18% using a trust or a combination of trusts, for distributing assets after death. Most adults put off estate planning and allow their estate assets to be divided by the state. Trusts are useful tools to ensure property and assets pass to your beneficiaries as you decide.

Trust dispute laws can vary by county. In Davidson County, the process starts by filing at the Davidson County Probate Court within the Circuit Court Clerk’s office. The office is located at 1 Public Square #303 in Nashville. The probate court handles contested wills and trust disputes. Working with a professional Forest Hills TN trusts lawyer can help ensure your legal documents are filed correctly.

If you’ve been sent a copy of a trust or need legal help filing a trust dispute case, let the experienced Forest Hills, TN trust dispute lawyers at the Emmack Probate and Estate Law Group help. We can ensure your trust dispute case is built on credible evidence for a positive outcome.

Trust Dispute Laws and Burden of Proof

To file a trust dispute in Tennessee, a person must have a legal interest in the trust as a beneficiary or legal heir. Additionally, you will need factual evidence, including financial records, accounting reports, medical records, legal documents, or credible witness testimony. A reliable Forest Hills TN power of attorney lawyer can also review related documents to see if fiduciary duties were breached.

As a person with a legal interest in the trust, you bear the burden of proving that a trust is invalid from:

• Mental incapacity of the settlor when the trust was signed
• Fraudulent signatures or misrepresentation
• Improper execution of the trust to be updated according to the latest legal requirements
• Breach of Fiduciary Duty by a trustee for personal gain

Consult a trust disputes Forest Hills, TN attorney with knowledge of TUTC’s legal requirements and timelines.

FAQs

What Is the Success Rate of Contesting or Disputing a Trust?

The success rate of contesting a trust varies from less than 10% to 30%. Many trust dispute cases are settled through mediation and not reported. When contesting a trust, be aware of the costs. Costs can include attorney, county filing, and court fees. When disputes go to trial, costs increase, often depleting each party’s assets, including the estate.

Can You Contest a Trust in Tennessee?

You can contest or dispute a trust in Tennessee according to the TUTC. A person files a contest to dispute the validity of a trust that was revocable on the settlor’s death. The time limit is two years since the settlor’s death to file a trust dispute. A person can also dispute a trust up to 120 days after a trustee sends a copy of the trust.

On What Grounds Can You Contest a Trust in Tennessee?

You can contest a trust in Tennessee based on several factors. These include breach of fiduciary duty, mismanagement of trust property or administration, trust validity due to fraud, undue influence, or lack of mental capacity, and failure of trustees to inform beneficiaries or provide accurate reports. Tennessee promotes the use of mediation first to settle disputes. A lawsuit can be filed if mediation fails.

Is It Expensive to Contest a Trust?

It can be expensive to contest a trust depending on the attorney, court, and filing fees. Additionally, to dispute a trust, you may need to pay for professional testimony and gathering evidence. The complexity of the trust and estate may delay settlement, as will a failed mediation settlement. If a case goes to court, costs increase. Discuss fees with a trust disputes attorney at the Emmack Probate and Estate Law Group.

Protect Your Rights with a Forest Hills Trust Disputes Attorney

Tennessee trust dispute laws are complex and vary by county in Tennessee. Attorney Shanone Emmack can help you navigate legally contesting a trust. She combines her extensive 10 years of Tennessee legal experience in estate planning and probate with her dedication to serving your trust dispute case. Forest Hills, TN, Trust Disputes Lawyer at the Emmack Probate and Estate Law Group today.

Forest Hills, TN Trust Disputes Resources

• Understand what a gun trust is in Tennessee
• See how to claim your minor trust in Tennessee
• See if you can put your house in a trust to avoid creditors in Tennessee