Probate Litigation Attorney in Chattanooga

Guiding You Through Contested Estates and Family Conflict

Losing a loved one is hard enough. When questions arise about a will, a trust, or how an executor is handling money and property, the stress can quickly become overwhelming. If you are facing a probate dispute in the Chattanooga area, our team at Horton, Ballard & Pemerton PLLC is here to help you understand your options.

We represent individuals and families in contested estate matters, including will contests, estate litigation, disputes with executors or trustees, and conflicts among heirs. As probate litigation attorneys, we focus on clear advice and practical strategies so you can make informed decisions in a difficult time.

Our partners bring nearly one hundred years of combined legal experience to your side, and we are committed to personal and prompt service.

Protect your rights with our probate litigation attorney in Chattanooga. Contact Horton, Ballard & Pemerton PLLC or call (423) 427-4944 today.

When Is Needed a Probate Litigation Attorney?

Many estates go through probate with little disagreement. Others do not. You may be unsure whether the concerns you have rise to the level of a legal dispute. It often helps to talk with a probate litigation lawyer early, before misunderstandings become entrenched and legal deadlines pass.

Common signs that it is time to talk with a probate attorney include:

• Serious concerns that a will or trust does not reflect your loved one’s true intentions
• Belief that someone exerted undue influence or took advantage of a vulnerable relative
• Lack of information from an executor or trustee about assets, debts, or timelines
• Transactions that do not make sense, such as sudden transfers of property or account changes
• Conflicts among heirs are escalating rather than improving over time

If any of these situations sound familiar, we can review the facts with you and explain what legal options may be available, including approaches that aim to resolve disputes without unnecessary escalation.

Delaying action can make it harder to protect your rights. Tennessee law imposes time limits for challenging a will or raising certain claims in probate court. Assets can be sold or distributed while you wait, and it may become more difficult to gather records or testimony. Speaking with a probate litigation lawyer in Chattanooga can help you decide whether to act now, seek negotiated solutions, or simply monitor the situation.

How Our Firm Handles Probate Litigation in Chattanooga

When probate disputes arise, understanding how our review and litigation process works can help you make informed decisions about next steps.

• First Consultation: We begin by listening carefully to your concerns and gathering key documents, including the will, any prior versions, trust instruments, account statements, and court filings, to assess whether viable legal claims may exist.
• Understanding Your Options: We review the facts to determine whether there may be grounds for claims such as lack of capacity, undue influence, improper execution of a will, or breach of fiduciary duty by an executor or trustee.
• Developing a strategy: We work with you to develop a strategy that fits your priorities, whether that means preserving estate assets, stopping questionable transactions, or seeking a negotiated resolution to avoid prolonged litigation.
• Comprehensive Legal Experience: With nearly one hundred years of combined legal experience, our partners handle probate disputes that involve business interests, real property, estate planning, and family law issues, allowing us to evaluate the matter as a whole rather than in isolation.
• Transparent Costs and Fees: We offer reasonable fee structures tailored to individual needs while discussing costs upfront and revisiting those conversations as the case progresses.

What To Expect In A Chattanooga Probate Case

Probate litigation in this area can take place in courts such as the Hamilton County Chancery Court or the Hamilton County Circuit Court, depending on the type of matter and how it is filed. Which court is involved depends on several factors, such as where your loved one lived and the nature of the dispute. We explain these jurisdiction issues early, so you understand where your case will be heard.

Most contested estate cases follow several common phases. The process often begins when someone files a petition or objection, such as a will contest or a request for an accounting from an executor. The court generally sets deadlines for responses and may schedule initial hearings to clarify the issues. After that, both sides usually engage in discovery, which can include exchanging documents, sending written questions, and taking depositions.

Many probate disputes are resolved through negotiation or some form of settlement discussion, sometimes with the help of mediation. We prepare carefully for those discussions and make sure you have a clear understanding of the potential benefits and tradeoffs. If a fair resolution cannot be reached, the case may proceed to a hearing or trial where the judge hears testimony, reviews exhibits, and issues a decision.

We know that face-to-face conversations can be especially important in emotionally charged probate disputes, and we strive to make ourselves accessible when you need us.

Steps To Take If You See A Problem During the Probate Process in Chattanooga

When you first notice signs that something may be wrong with the administration of an estate, it can be difficult to know what to do. You may not want to accuse anyone of misconduct, yet you also do not want to wait until it is too late to act.

Practical steps that can help protect your interests include:

• Collecting and safely storing copies of wills, trusts, and other estate planning documents
• Keeping notes of key events and conversations related to the estate and any concerns you notice
• Requesting information from the executor or trustee in writing, using calm and factual language
• Avoiding signing waivers, releases, or settlement documents before getting legal advice

Speaking with us does not mean you are committing to file a lawsuit. In many situations, our first step is to review the facts with you, explain what the law generally requires of executors and trustees, and suggest options that may include negotiation or further monitoring. If formal action becomes necessary, we work with you to choose a path that fits your goals and your tolerance for conflict.

Frequently Asked Questions

Do I really need a probate litigation attorney?

You may need a lawyer if you see serious red flags, such as suspected undue influence, missing information, or disputed wills. We can review your concerns in a consultation, explain whether legal grounds might exist, and discuss alternatives to full litigation when appropriate.

How much will it cost to challenge a will?

Costs depend on factors like case complexity, how many parties are involved, and whether a settlement is reached.

How long do probate disputes usually take?

Some disputes are resolved in a few months, while others take longer, depending on complexity, court schedules, and the willingness of parties to negotiate. We work to move your case forward efficiently and keep you updated, so you know the current status and next steps.

Will filing a probate case make my family conflict worse?

Legal action can increase tension, but careful planning and communication often help manage conflict. We discuss your family dynamics, explore options like negotiation or mediation, and aim to protect your interests while remaining mindful of long-term relationships when possible.

Talk With Our Probate Litigation Lawyer in Chattanooga

If you are facing a contested will, a dispute with an executor, or another serious probate conflict in or around Chattanooga, you do not have to sort it out alone. Our attorneys at Horton, Ballard & Pemerton PLLC handle complex estate disputes and provide clear, straightforward guidance at each step.

With nearly a century of combined experience, a broad practice that includes estate planning, family law, business, and real estate matters, and an accessible downtown office, we work to offer thoughtful advice and strong advocacy.

Get strategic legal solutions from a trusted probate litigation attorney in Chattanooga. Contact Horton, Ballard & Pemerton PLLC or call (423) 427-4944.