A Trusted Resource In Estate And Probate Litigation
Litigation of any kind can be complex, and especially so when it comes to interpreting the wishes of someone who has passed away or can no longer communicate due to mental incapacity. In situations like these, it is especially important to work with a highly experienced lawyer.
I am attorney Alan Fister, and I have been serving clients in Tennessee for nearly 35 years. I understand the intricacies of estate and probate litigation. Whether you are legally challenging an aspect of the estate or defending against a challenge, I am ready to advocate for your interests and the interests of the decedent.
Contesting A Will
One of the most common actions in estate litigation is contesting a will. It can occur when one or more family members are left out of a will or do not receive the share of assets that they believe they deserve. It can also occur when the decedent leaves significant assets to someone who is not considered part of the “original” family such as a new spouse married later in life.
With a contested will, there are three allegations commonly used by those seeking to invalidate it. They include:
- Lack of capacity: Alleging that the decedent was mentally incapacitated when the current version of the will was written and that the document is therefore invalid.
- Undue influence: Alleging that the decedent was unduly influenced, coerced or otherwise convinced to change his or her will by someone with regular access (a caretaking son/daughter, health care worker, friend, etc.)
- Improper execution: Alleging that the will is invalid because it was not drafted, signed or witnessed properly.
Other Types Of Estate And Probate Litigation
Other aspects of a decedent’s estate can be challenged as well, including any of the documents or the individuals appointed by the decedent. Examples include:
- Alleging breach of fiduciary duty (for trustees or financial powers of attorney, typically)
- Alleging forged documents or forged signatures on documents
- Seeking or challenging conservatorship
- Seeking or challenging guardianship
- Seeking clarification or interpretation of a provision in a will or trust
- Seeking to remove a trustee, executor or other named representative
Contact The Firm For A Free Initial Consultation
Alan T. Fister, Law Offices of Brentwood, serves clients Williamson County Davidson County and throughout Tennessee. I am pleased to offer free initial consultations to prospective clients in estate planning, probate and estate litigation matters. To schedule an appointment, call me at 615-647-5770 or send me an email.