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Probate Litigation (Will Contest)

Experienced Probate Dispute Lawyers

If you believe that you were cheated out of an inheritance, or need the services of an attorney to defend a will, contact The Hurley Law Firm, P.C. of Knoxville, Tennessee. Trial lawyer D. Scott Hurley takes on contentious litigation involving estate distribution or the validity of a will. He has particular experience in legal challenges relating to wrongful death actions.

Our firm handles both estate administration and probate litigation on behalf of clients across East Tennessee. Contact us today to discuss your concerns in a free initial consultation. We also welcome referrals from other attorneys.

Probate Litigation

D. Scott Hurley has practiced in probate litigation for over 20 years. He works to resolve complex legal issues with sensitivity, especially those involving challenging inter-family relationships. He has handled every type of will contest, representing any party: siblings or children cut out of the will, heirs accused of turning the deceased against other family members, executors of estates, or acting on behalf of the deceased (the estate). The most common grounds for probate litigation are:

  • Lack of testamentary capacity — The person could not have legally executed a new will or changed an existing one because of mental illness or senility.
  • Undue influence — A family member or friend gained the trust of the deceased and pressured or defrauded the person to alter the will in their favor.
  • Breach of fiduciary duty — The executor of a will (or the court-appointed personal representative if there was no will) is accused of fraud, theft of property, taking bribes or other impropriety in settling the estate. We represent the estate representatives or beneficiaries.

We pride ourselves on the ability of our attorneys to resolve probate litigation quickly and efficiently, restoring the true wishes of the deceased.

Is Litigation the Answer?

We help clients analyze what will happen if they go forward with an inheritance dispute. Challenging the distribution of a wrongful death settlement, for example, could result in a probate court negating any award. Before we file a challenge, we make sure that our client will benefit and that litigation does not cause unintended consequences.

See our Probate and Estates Information Center for more information.

No matter how large or complex the estate, The Hurley Law Firm, P.C. is up to the task. Contact us at 865-523-1414 to arrange a free consultation.