Probate Litigation
Probate Litigation in Nashville
Representing Heirs, Beneficiaries & Executors in Contested Estate Disputes Since 1936
Probate litigation arises when a dispute develops during the court-supervised administration of an estate. These conflicts are distinct from challenging a will’s validity. They center on how an estate is being managed: whether a fiduciary is meeting their obligations, whether claims against the estate are legitimate, or whether beneficiaries are receiving what they’re owed. When administration breaks down, the courts get involved.
We represent heirs, beneficiaries, and executors in these disputes throughout the Nashville area. Lackey | McDonald, PLLC has served the greater Nashville community since 1936, and our attorneys handle estate matters alongside business disputes and real estate law. That breadth matters when a contested estate involves disputed property or a family business alongside the underlying fiduciary conflict. Clients work directly with an attorney from the first conversation through resolution.
If an estate you’re involved with has turned contentious, don’t wait to understand your options. Call Lackey | McDonald, PLLC today at (615) 392-4916 to schedule a consultation.
Types of Probate Disputes We Handle
Estate administration disputes take several forms. Our attorneys work with clients across the full range of contested probate matters that come before the courts.
Breach of Fiduciary Duty
An executor or administrator owes beneficiaries duties of loyalty and care in managing and distributing estate assets. When a personal representative self-deals, delays without cause, or mismanages property, beneficiaries have grounds to act. We help clients hold fiduciaries accountable for those breaches.
Executor Removal Petitions
Beneficiaries can petition the probate court to remove a fiduciary who has failed in their duties. We represent petitioners seeking removal and personal representatives responding to those challenges. Because contested estates often involve real property or business interests, having attorneys who handle all three areas means nothing falls through the cracks.
Estate Accounting Disputes
Beneficiaries have the right to a formal accounting of how estate assets have been managed and distributed. We can compel a fiduciary to produce that accounting or challenge one that doesn’t add up.
Creditor Claims Against an Estate
Disputes also arise when creditors file claims against an estate. Those claims may be inflated, untimely, or legally unsupportable. We represent both estates contesting improper claims and creditors whose legitimate claims are being resisted.
Where Nashville Probate Cases Are Heard
Contested estate matters in Davidson County are heard by the Davidson County Probate Court, which holds exclusive local jurisdiction over estate administration and the probate of wills. The court is administered through the Circuit Court Clerk’s office.
Contested probate proceedings require formal pleadings and strict adherence to court procedure, which is a different environment from routine, uncontested estate filings. We represent clients through every stage of those proceedings, from initial filings through hearings and, when necessary, trial.
Signs an Estate May Need Litigation
Not every difficult estate requires going to court, but some situations signal that litigation may be the only way to protect a beneficiary’s interests.
- An executor won’t communicate: An executor who refuses to provide financial updates or ignores repeated requests for an accounting may be concealing mismanagement.
- Assets appear to be missing or misused: Unexplained transfers, missing property, or transactions that benefit the executor personally are red flags for breach of fiduciary duty.
- Distribution has stalled without explanation: Delays that stretch months or years beyond what the estate’s complexity warrants may indicate a problem that requires court intervention.
- Heirs disagree about inherited property: When co-heirs can’t reach agreement about selling or dividing jointly inherited real estate or a family business, litigation may be the path to resolution.
What to Expect Working With Us
We start with a direct conversation about your situation. There’s no intake form between you and an attorney. After that initial assessment, we advise on whether negotiation, formal court proceedings, or a combination of both makes sense given the facts. Probate disputes in Nashville can move quickly once a petition is filed, so early advice often affects how much leverage a client retains.
Throughout the dispute, you work with the same attorney who assessed your case. That continuity isn’t incidental. The attorney arguing your position in court is the same person who understood it from the start.
Start With a Free Consultation
We offer free consultations for most case types, along with flexible payment options and same-day appointments when your schedule requires it. If an estate dispute is affecting your family or your rights as a beneficiary, call Lackey | McDonald, PLLC at (615) 392-4916 to speak directly with an attorney today.
