Trust Litigation in Franklin
More Than 100 Years of Combined Experience in Complex Trust Disputes
Trust disputes may require court intervention when beneficiaries question a trustee’s conduct, family members challenge a trust’s validity, or the parties disagree about how its terms should be applied. Puryear, Newman & Morton, PLLC represents beneficiaries, trustees, heirs, and family members in disputed trust proceedings, including breach-of-fiduciary-duty claims and trust modification matters in Franklin, Tennessee, and Williamson County.
We’ve served clients in Franklin, Nashville, and Middle Tennessee since 1997. Our experience across practice areas informs our work when trust litigation involves property, business interests, or other complex legal issues.
Call (615) 933-2366 to schedule a consultation about a trust dispute, trustee conduct, or trust modification.
Trust Validity, Trustee Conduct & Disputed Terms
Trust litigation is distinct from preparing an estate plan or completing routine probate administration. It involves an active disagreement about whether a trust is valid, what its language requires, or whether a trustee has properly administered trust property.
These disputes may involve:
- Trust validity: A trust contest may allege fraud, duress, lack of capacity, undue influence, mistake, forgery, or irregular execution.
- Trustee conduct: Tennessee law defines a breach of trust as a trustee’s violation of a duty owed to a beneficiary. Claims may concern the administration of property, distributions, recordkeeping, or compliance with trust terms.
- Trust interpretation: Beneficiaries and trustees may disagree about the meaning of a provision or how it applies to a particular asset or distribution.
- Trust modification: Changed circumstances or disputed provisions may lead a party to seek a court-approved modification.
A fiduciary duty is a legal obligation to act in another person’s interests within the scope of the trust. When a trustee’s decisions may conflict with that obligation, we examine the governing instrument and available records to identify the issues that can be presented to the court.
Tennessee Deadlines for Trust Contests & Breach Claims
Filing deadlines depend on the nature of the claim, the notices provided, and the information available to the beneficiary. Prompt review matters because Tennessee law can shorten the filing period when a trustee provides required documents or adequately discloses the facts underlying a potential claim.
Deadline to Contest a Revocable Trust
Under Tennessee Code Section 35-15-604, a judicial proceeding challenging a trust that was revocable immediately before the settlor’s death must generally begin by the earlier of two deadlines: two years after the settlor’s death or 120 days after the trustee sends the required notice and a copy of the trust instrument. A settlor is the person who created the trust.
Deadline for a Breach-of-Trust Claim
Section 35-15-1005 generally bars a breach-of-trust proceeding more than one year after a beneficiary receives an adequate disclosure of the potential claim’s facts or gains actual knowledge of them. If that rule doesn’t apply, the statute provides a three-year period connected to specified trust or trustee events. Determining the correct deadline requires reviewing the relevant documents, dates, disclosures, and conduct.
Effect of a No-Contest Clause
A no-contest clause seeks to restrict a beneficiary’s interest if the beneficiary challenges the trust. Tennessee law recognizes these clauses but generally doesn’t enforce one against a beneficiary who had probable cause to bring a challenge on specified grounds. Because enforceability depends on the basis and facts of the challenge, beneficiaries should obtain legal guidance before acting.
Williamson County Trust Proceedings & Available Remedies
Probate and trust matters in Williamson County are filed through the Clerk & Master at the Williamson County Judicial Center. The Williamson County Chancery Court handles contested trust and estate proceedings. Our attorneys are familiar with this court and its procedures for matters arising in Franklin and the surrounding area.
Tennessee law gives courts several possible responses to a trustee’s breach. The appropriate remedy depends on the proven conduct, the trust property involved, and the relief requested in the proceeding.
A court may order remedies that include:
- Compelling the trustee to perform required duties
- Stopping an existing or anticipated breach
- Requiring payment, restoration of property, or a trust accounting
- Appointing a special fiduciary
- Suspending or removing the trustee
- Reducing or denying trustee compensation
- Addressing wrongful acts or improperly transferred property
Trustee removal is one available remedy, but courts can address misconduct in other ways. We assess the alleged breach and available evidence before pursuing relief suited to the disputed administration or property.
Preparing a Contested Trust Matter
A consultation allows us to discuss the trust, the disputed conduct, and any court proceeding already underway. We consider the governing instrument alongside the notices, transactions, and communications relevant to the disagreement. Information about estate administration and litigation consultations is available through our contact page.
Estate litigation in Middle Tennessee often requires close review of court records, financial documentation, and communications between the parties. Bank statements, accountings, correspondence, and prior filings may help establish what occurred and when. We work with clients in Franklin, Nashville, and Williamson County to preserve and present evidence according to local rules.
Discuss Your Trust Dispute with Our Attorneys
We handle trust litigation and breach-of-fiduciary-duty claims involving trustees. Early review helps us identify the documents and dates that may shape a trust contest, request for an accounting, trustee removal claim, or another disputed proceeding.
We provide personalized representation grounded in careful preparation. Our contact form offers another way to schedule a consultation.
Call (615) 933-2366 to discuss your trust dispute or concerns about a trustee’s conduct with Puryear, Newman & Morton, PLLC.
Our Estate Administration Attorneys
A Reputation for Excellence
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ExperienceOur attorneys have over 100 years of combined legal experience.
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DedicatedOur attorneys are dedicated to serving the needs of it's clients in a professional, ethical, and caring manner.
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DiverseWe are a full-service law firm with skilled attorneys who have years of experience handling specific areas of law.
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Rooted In the CommunityOur firm has been serving the people of Franklin for over 20 years and have an excellent reputation within the community.