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Who Should Hire a Chattanooga Probate Litigation Lawyer?

By Richard Charles Wagner | April 1, 2024

Who Should Hire a Chattanooga Probate Litigation Lawyer?If you are trying to decide whether it is necessary to hire a probate litigation lawyer, there is probably a good chance that you could benefit from one. A probate litigation lawyer can assist you in many ways, ensuring that the legal process remains as smooth and stress-free as possible for you. However, not everyone necessarily needs a probate litigation lawyer for certain legal issues.

For example, you wouldn’t hire a Chattanooga probate litigation lawyer for your divorce or personal injury case, but you might hire one to help you go over the documents left behind by your deceased loved one.

A probate litigation lawyer handles specific issues related to wills, estates, trusts, power of attorneys, guardianship, and more. If your loved one passes away and you believe your family member does not have the correct legal document, you can reach out and hire a probate litigation attorney to help you with this issue. When you do this, your attorney can search for and locate the right document, ensuring that it is updated and correct regarding the estate, properties, money, and personal belongings that your deceased loved one left behind.

Six types of people should consider hiring a probate litigation lawyer:

  1. A person who wants to challenge a will: When your deceased family member created their will, they explained exactly what they wanted to happen to their most valuable items and belongings. Therefore, once a will is established, it is usually final and must be respected. However, if you believe that your family member’s will is fraudulent, outdated, or incorrect, you may be able to challenge it as long as you have proof. Most of the time, individuals are able to challenge a will by proving that their family member had some type of illness or disease that prevented them from being able to think and make clear decisions. For example, if your grandmother had Alzheimer’s, you may be able to challenge her competence when she created her will. This might be because she may have been unaware of all the property or assets that she owned as well as forgot some of her grandchildren’s names when establishing her will, which resulted in your name being left out. Another common way to challenge a will is to prove that someone forced or threatened your loved one to create the will and give most of their belongings to them.
  2. A person who does not approve of how a trustee is handling their family member or loved one’s trust: A trustee is supposed to look over a deceased individual’s trust and ensure that the best interests of the listed beneficiaries are kept in mind. As a trustee, they are legally responsible to act as the owner of the person’s assets and belongings while also handing them out to the correct beneficiaries. Therefore, if you do not think that the trustee has your loved one’s best interests in mind or is failing to accomplish their legal tasks, it is likely a good idea to hire a probate litigation lawyer to develop a solution as soon as possible.
  3. A person who does not agree with how a personal representative is handling their family member or loved one’s estate and belongings: A personal representative is an individual selected to handle certain responsibilities, such as distributing the deceased person’s assets and belongings. They may also sell, distribute, or determine the worth of the properties, jewelry, artwork, and anything else your loved one left behind. However, if you believe that they are not acting in accordance with the will or are being deceitful, hiring a probate litigation attorney to help you address this issue may be beneficial to you.
  4. A person who needs help dealing with their family member or loved one’s debts: When people pass away, they usually leave behind debts. If you are named the executor of the estate, you are in charge of paying these debts, which is typically done through the money left in the estate. This can be a very difficult and exhausting process. For example, you may need to pay taxes, loans, credit cards, and funeral and burial costs. If you need help dealing with your loved one’s debts, hiring a probate litigation lawyer is essential.
  5. A person who is struggling to understand their family member or loved one’s estate plan: Estate plans can be very difficult to understand, especially if you have never seen one before. A probate litigation attorney can go over the details of your family member’s estate plan, as well as ensure that you handle their requests and wishes properly.
  6. A person who is mourning their loss and cannot physically or mentally concentrate on the probate process: Mourning your loved one can be extremely overwhelming, especially if their death was sudden and unexpected. Many people are unable to give their time and attention to the probate process. If this is the case for you, you should hire a probate litigation attorney to step in and take over the required duties. This will give you the time you need to grieve, while also ensuring that your loved one’s wishes are being fulfilled.

Do you need help unraveling a deceased loved one’s will or trust? The Chattanooga probate litigation attorneys from Wagner & Wagner, Attorneys at Law are ready and available to legally assist you. The probate litigation process can become complicated and challenging very quickly, which is where our team comes in to help guide you through it. We have the knowledge, skills, and resources to help each of our clients through the entire probate litigation process, meaning that you can rely on us to make sure that your loved one’s desires are upheld and followed. All you have to do is call our office or submit our contact form to schedule a confidential case review today. We proudly serve clients in Cleveland and Chattanooga and look forward to talking with you soon!

Posted in Probate