Contested Wills in Brunswick, Georgia

Find the right Contested Wills attorney in Brunswick, GA

In Brunswick, Georgia, there is a procedure through which a person can challenge the validity of a will. This is known as a "contested will" or "will contest."

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

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

However, this is a matter that should not be approached lightly - will contests can often 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 Brunswick, Georgia?

There are several reasons that a Brunswick, Georgia court might hold a will to be invalid.

For example, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Therefore, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.

A will can also be rejected because the decedent was not mentally competent to draft it at the it was made. A court will look at the person's mental capacity at the time the will was made, so even if the testator is now perfectly sane, if he or she was incapacitated for whatever reason (by way of intoxication, for example) at the time the will was made, the will can still be invalidated.

If the contest is successful, a court in Brunswick, Georgia might find the will or part of it invalid. Of course, that leaves the question of how to distribute the property in the absence of a valid will. All states have laws that address this situation, usually passing the property to the decedent's closest living kin. All states have laws governing the order in which property is passed on in this manner. Typically, it goes to the spouse first. If there is no living spouse, it goes to the children. If there are no children, it goes to the decedent's parents, and so on. Most laws on this subject are written in such a way that almost everyone will have at least one relative entitled to inherit, even if that person is very distantly related to the decedent. In the very rare case where no living relatives exist, or none can be found, the decedent's assets usually go to the state.

Can a Brunswick, Georgia Contested Will Attorney Help?

Because a will contest can sometimes involve perplexing legal and factual questions, as well as some very raw emotions, a skilled Brunswick, Georgia attorney can be invaluable in helping this process go as smoothly as possible.

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

Life in Brunswick

Many Georgians know Brunswick because it is the seat of Glynn County, the Federal Law Enforcement Training Center, and the United States Department of Homeland Security. Those three major institutions in Brunswick provide the bulk portion of jobs. The city is the twelfth largest municipality in the State of Georgia with an estimated 104,000 residents. The city is known as the "Shrimp Capital of the World" as a result of the budding shrimp and crab industry but also plays host to a number of experienced lawyers. Brunswick lawyers are familiar with local court procedures and use their knowledge to help advise you.  

Historically, Brunswick played a major role in building and launching war material transport ships, namely the Liberty Ships, that were built by the J.A. Jones Construction Company. Liberty Ships were used to transport material to the European and Pacific Theatres. Brunswick was also the location of President George Bush's G8 Summit and has a thriving aeronautical industry. Brunswick is well known in the professional golf world because it hosts the Seaside Resort, a Professional Golf Association course named #1 resort in North America by Golf Digest. 

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