Probate
Can You Contest a Will if the Estate Is Divided Unevenly?
People draft wills to ensure that their estates are divided the way they wish. A will also informs their family members about who will get what when it comes to their assets and belongings. When there are several children or grandchildren involved, it typically takes a lot of thought and careful consideration when creating this…
Read MoreWhat Are the Legal Standards for Undue Influence in Tennessee?
Undue influence is one method of challenging the validity of a will. Other methods include contesting whether the decedent had the testamentary capacity to make a will and whether the will was properly executed. Normally, an undue influence claim is asserted when the heirs who normally would have received part or all of an inheritance…
Read MoreAre Anti-Contest Will Provisions Valid?
Some testators try to avoid probate disputes about the legitimacy of their will by including a provision that anyone who challenges the legitimacy of the will will not be able to receive any distributions from the will. This provision may be called an anti-contest provision or a no-contest provision. A will is prepared by a…
Read MoreCan You Decline an Inheritance in Tennessee?
Inheriting assets can be a bittersweet experience, but what if the prospect of accepting an inheritance doesn’t align with your circumstances or preferences? While it may seem counterintuitive to some people to reject an inheritance, the answer is, generally, yes. This is known as “disclaiming” or “renouncing” an inheritance. There are a variety of motivations…
Read MoreI’m an Executor and the Estate Just Got Sued. Can You Help?
Being chosen as an executor to oversee the distribution of a loved one’s assets and settle their affairs is an honor, but it can also be a huge responsibility. In Chattanooga, as elsewhere, this role entails various duties, including ensuring that debts and liabilities are appropriately addressed. However, when a lawsuit arises against the estate,…
Read MoreWhy You Want a Chattanooga Probate Attorney When the Deceased Had Digital Assets
In the past, almost all of a person’s property was either physical assets, cash, or funds in the bank. However, that has changed a lot over the years, and more and more people now own digital assets. If your deceased loved one owned any digital assets and you want to ensure that they are not…
Read MoreThat’s Not in the Will: Uncovering Additional or Hidden Assets During Probate
After your spouse or parent passes away, you may realize that some of their assets are missing from their will. They might have told you about specific property, savings, or money that you would receive, but none of these assets are mentioned in the will. This may require you to go through a probate court…
Read MoreHow a Chattanooga Probate Attorney Can Help an Unexpected Executor
You may have woken up to a phone call stating that you are the executor of your Uncle Kevin’s will and estate. This may come as a complete surprise as you may not have felt very close to him or thought that you would be anyone’s executor for many years to come. However, your uncle…
Read MoreA 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…
Read MoreMy Sister Won’t Sell; Can a Probate Litigation Attorney Help?
When multiple beneficiaries or heirs have conflicting interests regarding the sale, distribution, or management of real estate assets within an estate, several issues can arise that complicate the process. These conflicts can stem from disagreements over the fair market value of the property, the timing of the sale, the division of proceeds, or differing opinions…
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