A will contest is a formal objection to the validity of a Will based upon the fact the Will was not properly executed, the Will is ambiguous, or the Will does not reflect decedent's actual intent. A will contest generally focus on whether decedent lacked the mental capacity to execute a Will or was being manipulated by someone else using undue influence.
Sometimes Wills or Trusts are not clear. If the beneficiaries cannot agree what the Will or Trust means, then the personal representative/trustee or the beneficiaries must file a formal court proceeding to interpret the ambiguous terms of the Will or Trust.
A personal representative, a trustee, and an attorney-in-fact under a power of attorney are fiduciaries. This means that the individuals are required to care for and protect the estate, Trust, and principal's assets. A breach of fiduciary duty occurs when a personal representative, trustee, or attorney-in-fact fails to protect the assets, uses the assets for their personal gain, or fails to disburse the estate or Trust's assets according to the Will/Trust or as required by law.
Title issues occur where someone, other than the person who thought they owned the land, makes a claim of ownership. In other words, there is a question as to who is or are the owners of the land.
A partition lawsuit occurs where more than one person owns land and the co-owners cannot agree as to what to do with the land. A partition lawsuit forces the sale or transfer of the land so that at the conclusion of the lawsuit, the co-owners are no longer co-owners of the land.
An adverse possession claim is where a person who does not own the land has used the land without the owner's permission for an extended period of time such that Tennessee law finds that the land is now owned by the person claiming adverse possession.
Boundary line disputes occur where owners of land cannot agree where their land stops or starts. A majority of time, boundary line disputes and adverse possession claims are part of the same lawsuit.
Easements and rights of way are how people access their land.
A fraudulent transfer occurs when someone transfers, usually land, out of their name to another person to protect it from a lawsuit or a creditor. Usually the transfer is to a family member who does not pay anything.
Detainer actions are where a property owner evicts a tenant from their property. We primarily represent commercial property owners in detainer actions.
Business owner disputes occur when owners of a business disagree about how the business is being run. Each of the co-owners owes a duty to the other co-owners to generally put the business's interest above their individual interests. Sometimes this does not happen, and disputes arise.
Commercial lawsuits are when a person or business has been injured by another person or business through a breach of contract, negligence, or unfair competition.
Commercial collection lawsuits involve a business suing another business to collect money or property that is owed.
Insurance disputes arise when an insurance company denies a claim that it should have paid.