Will contests are handled on two types of fee basis. In appropriate cases, we handle the case on a contingency basis, with a “no recovery, no fee” promise in every case. We are paid only when you are paid. In another situation, we are paid a direct fee. We will be pleased to discuss fee arrangements so we can help you.
Many times individuals dealing with the death of a relative are presented with a poorly drafted Will. In those instances, when a Will can be interpreted in different ways, the Will is “ambiguous.” In that situation, when beneficiaries cannot come together and agree regarding a disposition of property, a Will Contest is appropriate.
In other instances, relatives are presented with a Will they knew nothing about, which dramatically changes the disposition with regards to assets that the deceased intended. Frequently this happens at the end of the deceased’s life when changes they clearly would not have approved when in good health are made. In those cases, it is frequently found that an individual has exercised “undue influence” to deprive other beneficiaries of money they are entitled to receive. This can occur in situations where the decedent is sick and subject to external pressure or “undue influence” during the later stages of their lives. In these situations, it is appropriate for the remaining beneficiaries, to challenge a Will, to carry out the intended disposition of the decedent.
Regardless of whether difficulties arise from ambiguity, or from undue influence, this area of the law is referred to as a Will Contest. A will contest frequently is submitted to the jury for the jury to determine the intended disposition, or, to determine whether undue influence or inappropriate force was brought to bear on the decedent. Olson & Olson, PLC is experienced in Will contests. If you have questions regarding this final disposition of property under a will, please call us today.
Olson & Olson, PLC wants to remind you that, in Tennessee, there is very limited time within which you can contest a Will or the disposition of an Estate. This law is referred to as the Statute of Limitations. Olson & Olson, PLC does not give advice regarding any Statute of Limitations until we have met with the individual and understand the facts of each case. Please do not wait too long. Call us today.