Estate Litigation

A Will contest arises when an interested party believes that a Will does not reflect the true intentions of the deceased. Common grounds for challenging a Will include lack of testamentary capacity, improper execution, fraud, or undue influence. Estate litigation of this sort requires a careful review of the facts, evidence, and the relevant provisions of the Tennessee Probate Code.

Our team assists clients in evaluating the strength of a potential Will contest and, when appropriate, initiating legal proceedings to ensure that an invalid or unjust document does not stand. Conversely, we defend executors and beneficiaries when Wills are contested without valid legal basis, helping to preserve the testator’s true wishes.

An experienced probate lawyer in Knoxville, TN like David A. Montgomery, PLLC, can make all the difference in these emotionally charged disputes—protecting your interests while pursuing a resolution that respects the decedent’s intent.

Beneficiary disputes are some of the most common issues in estate litigation. Whether there is disagreement over the interpretation of a Will or trust, confusion about asset distribution, or claims regarding omitted heirs, these disputes can fracture families and complicate estate administration.

At David A. Montgomery, PLLC, we represent beneficiaries, heirs-at-law, and fiduciaries in disputes that arise out of contested interpretations, unequal distributions, or conflicts over asset valuation. Our approach is both strategic and empathetic, recognizing that legal disagreements often reflect deeper emotional wounds. With a skilled probate lawyer in Knoxville, TN on your side, you gain an advocate who will fight to protect your rights and help resolve beneficiary disputes efficiently and fairly.

Undue influence occurs when someone exerts excessive pressure on an individual to alter their estate plan in a way that benefits the influencer. Courts in Tennessee and across the country take allegations of undue influence seriously, as these claims strike at the heart of testamentary freedom and fairness.

Undue influence can occur when one beneficiary has pressured or manipulated the decedent to unduly benefit them in the decedent’s Will or beneficiary designations for non-probate assets. Another common scenario is where a family member or friend who has been appointed to manage the person’s property under a Power of Attorney prior to the person’s death has misused that authority by improperly benefiting themselves or someone in their family.

Proving undue influence requires evidence that a person exerted improper control over the decedent, interfering with their free will at the time key decisions were made. We conduct thorough investigations, coordinate with expert witnesses when necessary, and build compelling arguments in support of our clients’ claims or defenses. If you believe that undue influence has shaped an estate plan, or if you have been accused of exerting undue influence, our firm will provide strong, knowledgeable representation from start to finish.

Executors are entrusted with significant authority and responsibility. When an Executor acts in bad faith, mismanages estate assets, breaches fiduciary duties, or engages in self-dealing, the consequences can be devastating for beneficiaries.

Executor wrongdoing can take many forms, including:

• Failing to account for estate assets
• Improperly selling or transferring property
• Unlawful distribution of funds
• Neglecting creditor claims

Our litigation team holds Executors accountable when they violate their duties, pursuing removal, requiring accountings, and all appropriate remedies under Tennessee law. We also defend Executors who are performing their duties properly but facing unfounded allegations.