Contested Wills in Atlanta, Georgia

Find the right Contested Wills attorney in Atlanta, GA

In Atlanta, Georgia, there is a process through which a person can challenge the validity of a will. This is recognized as a "contested will" or "will contest."

Occasionally, testators leave out of their wills people who might naturally expect to inherit a considerable portion of the testator's estate (spouses and children, for instance). This might lead them to assume, truthfully or not, that the will was some kind of mistake.

If a massive amount of money or property is being given away, the person left out of the will could rationally conclude that the cost and time of a court challenge is worth it.

Nonetheless, this is a matter that should not be approached lightly - will contests can commonly foster strife and infighting within families who are already mourning the loss of a loved one. This can permanently damage or alter family relationships.

When Can a Will be Contested in Atlanta, Georgia?

There are various reasons that an Atlanta, Georgia court might hold a will to be invalid.

One big reason to invalidate a will is the fact that the will was made under duress. "Duress" simply means forcing somebody to do something they don't want to, using some kind of threat. Normally, the threat involves some type of physical harm. The most obvious example would involve putting a gun to somebody's head and telling them to write a will containing the terms desired by the gunman. Such a will, assuming the underlying facts can be proven in court, will never be valid. Of course, the validity of a will rarely becomes an issue until the testator has died, which may be years after the will was drafted. This means that proving the circumstances under which the will was made can often be very difficult. However, there are certain facts, such as the devise being to an "unnatural" beneficiary (somebody the testator didn't know very well, for instance), and the beneficiary being in a position of power over the decedent, are enough to at least create a suspicion that something is wrong.

Another reason why a will might be invalid is the maker of the will being mentally incompetent at the time the will was made. In order to make a legitimate will, the individual making it must have enough of his or her mental faculties to understand what they're doing, and the consequences of it.

If you successfully contest the will in Atlanta, Georgia, the court will likely distribute the property as if the decedent had died without a will. This usually involves giving it to the closest living relative. While the exact intestacy schemes (the order in which property is distributed to relatives) vary from state to state, they are usually pretty similar. If possible, the property will go to the decedent's spouse, and if the decedent has any minor children with that spouse, it is with the understanding that the money will be used primarily for their care. If the decedent did not have children or a spouse (or outlived them), the property typically goes to the decedent's parents. If neither of them are alive, it goes to grand children, grandparents, or siblings. After that, it typically goes to cousins, nieces/nephews, step-children, former spouses, etc. Intestacy laws provide a line of succession long enough that just about anyone will leave at least one person behind who is entitled to inherit from them, even if they're an extremely distant relation. Sometimes, however, people make multiple wills, to account for the many personal and financial changes that normally happen during a person's life. Normally, the most recent will purports to revoke all past wills, to avoid any conflict between them. In such cases, if a will is entirely invalidated, a court can sometimes revive the second most recent will.

Can a Atlanta, Georgia Contested Will Attorney Help?

Because this can involve complicated legal issues, and be very emotionally draining, this is not something you want to go at alone. A seasoned lawyer in Atlanta, Georgia can be very helpful in making sure that this process goes as smoothly as possible.

Talk to a Wills, Trusts & Estates Law Attorney now!

Life in Atlanta

Atlanta has the highest population of any city in the State of Georgia with just under 500,000 people. The Hartsfield Jackson Atlanta International Airport as been the world's busiest airport since 1998. That's two years after the city hosted the 100th Olympic Games. Atlanta is the seat of Fulton County government as well as for the entire State of Georgia. Atlantans work for some of the most well known companies who have world headquarters located in the city. The Coca-Cola Company, ATT, UPS, Turner Broadcasting, The Home Depot, and UPS are just a few of the nearly 75% of Fortune's 1000 who have operations in Atlanta. All that industry grosses the city over billion each year. All of the productivity doesn't mean it comes at a lack of greenery.

Atlanta is known both as the "City of Trees" and the "City in a Forest" for the dense tree cover that blankets nearly 40% of downtown. It's the most dense tree cover of any American city. The Atlanta Botanical Garden even offers a Canopy Walk through 600 feet of canopy at 40-feet into the trees. Other city attractions include the Georgia Aquarium, Fox Theatre, Atlanta Contemporary Art Center, Museum of Contemporary Art of Georgia, World of Coca-Cola, Delta Heritage Museum, Carter Center and Presidential Library, and Atlanta sports teams draw patrons from across the globe.

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