A Probate Litigation Attorney Can Help You Protect Vulnerable Family Members

Even when a will is outlined to the deceased person’s wishes, determining exactly how everything is distributed can be complicated. In certain circumstances, the guardianship rights of individuals may become the subject of contention and legal disputes due to concerns surrounding elder abuse, financial exploitation, or neglect. These situations involve vulnerable adults who may be at risk or have experienced harm, leading concerned parties to contest existing guardianship arrangements. Such contested cases require careful examination of the evidence, assessment of the circumstances, and the involvement of legal professionals who can advocate for the well-being and best interests of the vulnerable adults.

When elder abuse, financial exploitation, or neglect is suspected, it is crucial to seek the assistance of experienced attorneys who specialize in probate disputes. These attorneys work closely with their clients to gather evidence, interview relevant parties, and build a strong case to support the claims of abuse or neglect. They navigate the legal complexities and advocate for the removal or modification of the existing guardianship arrangement to ensure the safety and welfare of the individual.

What is an example of when a probate lawyer is needed for vulnerable family members?

Let’s take this hypothetical situation as an example: After the passing of their elderly father, a dispute arises among his adult children regarding the contents of his will and the appointment of a guardian for their younger sister, who has developmental disabilities. The will designates the eldest son as the executor of the estate and guardian for her.

However, the testator’s other children have serious concerns about the eldest’s ability to properly care for their sister. They believe that he may not have that person’s best interests at heart and worry that he may neglect her needs or mismanage her inheritance for personal gain.

The other siblings decide to contest the appointment of the eldest as guardian and raise doubts about the validity of the will. They argue that their deceased father may not have been of sound mind or unduly influenced when creating the will. They believe that the disabled sister’s well-being is at stake and that an impartial and capable guardian should be appointed to ensure her care and protect her rights as a vulnerable adult.

In this example, the family’s concerns about the appointed guardian’s ability to properly care for a vulnerable adult and the contestation of elements in the will converge. The dispute arises from doubts about the appointed guardian’s motives and capabilities, as well as the desire to safeguard the rights and well-being of the vulnerable adult. The situation necessitates legal intervention and the involvement of a probate litigation attorney to advocate for the protection of the vulnerable inheritor’s best interests and the fair resolution of the contested guardianship and will-related issues.

Why you need a Chattanooga probate attorney if you’re concerned

Contested guardianship cases involving concerns of vulnerable adults require sensitivity and a commitment to upholding the rights and protection of vulnerable individuals. By addressing these issues through legal channels, the aim is to secure a more suitable guardianship arrangement that promotes the well-being and dignity of the person in need of protection.

A Chattanooga probate litigation attorney plays a crucial role in advocating for the best interests of vulnerable adults and representing concerned family members or interested parties in legal matters. When disputes arise in probate cases involving vulnerable adults, such as issues of guardianship, elder abuse, or financial exploitation, an experienced attorney can provide effective representation and support.

One of the primary responsibilities of a probate litigation attorney is to assess the situation and gather evidence regarding the concerns raised by family members or interested parties. They work closely with their clients to understand the unique circumstances and dynamics involved, while also considering the applicable laws and regulations. With this information, the attorney can develop a strong legal strategy to protect the rights and well-being of the vulnerable adult.

Probate litigation attorneys advocate for their clients by representing them in court proceedings and negotiations. They present compelling arguments, supported by evidence, to highlight the concerns of elder abuse, financial exploitation, or neglect. They also work to challenge existing guardianship arrangements or seek modifications that are in the best interests of the vulnerable adult. These attorneys ensure that the voice of concerned family members or interested parties is heard and that the necessary legal actions are taken to safeguard the vulnerable adult’s rights and protect them from harm.

In addition to their legal advocacy, probate litigation attorneys may collaborate with other professionals, such as social workers, healthcare providers, or financial experts, to gather comprehensive information and build a stronger case. They provide guidance and support to their clients throughout the entire legal process, striving to achieve the best possible outcome that promotes the well-being and protection of vulnerable adults.

At Wagner & Wagner Attorneys at Law, our litigation attorneys play a critical role in advocating for the best interests of vulnerable adults. Through their expertise, dedication, and commitment to justice, they work to ensure that concerned family members or interested parties are represented effectively, and the rights and welfare of vulnerable adults are safeguarded. If you are concerned about someone in your family, and wish to contest a will or guardianship, call us in Chattanooga or use our contact page to address any concerns or explore your options with one of our probate litigation attorneys. Our legal services extend to clients in Chattanooga, Cleveland, TN, and the surrounding counties.