How to challenge a will amendment after husband's passing in TN?

Question

I was married to my husband, Robert Edwin Atchley, for 37 years until he passed away during surgery. Since his passing, I've faced hostility from his family, who have stated I'm no longer recognized as part of the family and have refused to support me financially, despite my ongoing medical needs post-liver transplant. I lost my home of 30 years and am overwhelmed. I previously consulted Sue White PC who was prepared to take my case, but suggested recusal due to connections with the Atchley family. I have no access to marriage or death certificates and feel lost. It's suspected my father-in-law's will was amended by family members after his dementia set in. How can I proceed to assert my rights and challenge the will's amendment?

Mr. Kent Thomas Jones · Answer

In the State of Tennessee, a will must have signatures from 2 witnesses that will attest that the person is of sound mind and body.  Some of the better wills have a notary sign off on the person's signature and the two witnesses.  An amendment to a will is a codicil.  For a codicil to be effective, it has to meet the same requirements, i.e., two witnesses.  If there is a document that is deemed to be an amendment, and it does not follow those rules, then it is not effective.

Anthony M. Avery · Answer

You will need to examine the File at Probate Court to start with.   Apparently you do not know if there was a will, a codicil or whatever.   As a surviving Spouse you were able to elect against a will and take a spouse's share under Statute.

Robert Ammons · Answer

Challenging a will amendment in Tennessee can be overwhelming, especially when family dynamics and potential legal issues like dementia, undue influence, or fraud are involved. Given that you were married to your husband for 37 years, you may have legal grounds to contest any changes that unfairly impacted your inheritance. If your father-in-law’s will was amended while he was suffering from dementia, the amendment may not be valid, and you have the right to challenge it in probate court. 
 
Your first step is to obtain copies of both the original will and the amended version to compare the changes. You can request these documents from the probate court in the county where the estate is being administered. If you suspect undue influence or fraud, you may need to gather medical records or witness statements to prove that your father-in-law lacked the mental capacity to legally modify his will. Tennessee law allows heirs to contest a will if it was changed under suspicious circumstances, and you typically have two years from the date the will was filed to challenge it. 
 
As a surviving spouse, Tennessee law also provides you with elective share rights, meaning you may still be entitled to a portion of the estate, even if the will was altered. You may also qualify for a year’s support allowance or homestead rights, which could help provide financial relief. Since your previous attorney had conflicts, finding a probate litigation attorney with experience in will contests is critical to ensuring your rights are protected. 
 
Additionally, if your husband’s passing occurred due to negligence during surgery, you may have grounds for a wrongful death lawsuit. If medical malpractice contributed to his death, you could be entitled to compensation for medical expenses, loss of financial support, and emotional suffering.  
 
Given the complexity of your case, acting quickly is crucial. Whether you are challenging the will amendment or exploring a wrongful death claim, speaking with an experienced attorney as soon as possible will help ensure your legal rights are fully protected.

Q: How to challenge a will amendment after husband's passing in TN?