Nashville Will Contest Lawyer

Probate Litigation and Will Contests in Nashville

There are various reasons a will could be challenged during probate. These include cases in which it is believed that the deceased person was subject to undue influence at the time when his or her will was changed, or was not of sound mind at the time of the execution of the will, or that the execution of the will was fraudulent in some way. This is termed a "will contest." Any party contesting a will or defending against a will contest has the right to a jury trial. It is important that you have a highly skilled trial lawyer representing you in a will contest. I am a probate litigation attorney, and serve as counsel in will contests. I am attorney David Whittaker, and I have extensive experience and knowledge in all legal matters related to inheritance rights and disputes, and over a decade of trial experience to bring to the table.

There are cases in which an elderly person is subject to undue influence from a family member, caregiver or other individual. It can be a sudden and unexpected shock to discover that a will has been changed, and a loved family member is no longer designated as a beneficiary. Elderly people can have memory problems, failing health, as well as a deteriorating mental state. A case involving undue influence has certain legal issues that come into play affecting how the court will view transfers of assets prior to death and significant changes in the will. To be successful in challenging a will, or taking action to attempt to reverse a transfer of assets made prior to death, it will require providing compelling evidence that there was undue influence applied to the now deceased person.

The evidence that could allow for a successful will challenge could include medical records that support the claim that the person was incompetent at the time the will was executed, or on various medications that could have affected his or her judgment; whether there was undue influence upon the decedent from a person that was depended upon, such as a caregiver or family member; the age of the person at the time of the asset transfer or will execution; whether the changes or asset transfers were made just prior to death, and whether the decedent consulted with an attorney before making these asset transfers or executing the new will; and other facts that must be uncovered. It is important that you take legal action as quickly as possible, as you have limited time in which to act in a will contest.

Call my firm for professional counsel. As a Nashville will contest attorney, I can review your situation and advise you of the best course of action.