Contested Wills in Carrollton, Georgia

Find the right Contested Wills attorney in Carrollton, GA

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

Sometimes, 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 example). 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 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 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 Carrollton, Georgia?

Of course, a Carrollton, Georgia court will not invalidate a will without a very good reason, but there are some instances which render a will clearly invalid.

For example, a will obtained through duress (a threat of harm, normally physical) is invalid. Of course, duress is very difficult to prove after the fact, and the issue may not even come up until many years after it allegedly occurred, making proof even more difficult. However, if the named beneficiary was in some type of position of power or trust with respect to the decedent, and is not someone who one would normally expect to get a large gift in a will (they're unrelated to the testator, for example), those facts alone might be enough to raise the suspicion of impropriety. Of course, those facts by themselves are not enough to prove duress.

Another fact that might invalidate a will is the mental incompetence of the testator. Wills must be a product of a person's volition. A will cannot be honestly voluntary unless the testator knows what they're doing. Accordingly, if the testator is mentally incompetent at the time he or she makes the will, the will cannot take effect. You should be aware, however, that this test applies at the time the will is made. So, if the testator is not mentally competent at the time of death, but was when the will was made, the will is valid.

There are many other facts that might make a will invalid, and thus serve as grounds to contest a will. If a will is successfully contested in Carrollton, Georgia, and held to be invalid, this normally results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.

Can a Carrollton, Georgia Contested Will Attorney Help?

Contesting a will is often hard, and never fun. However, the whole process can be made more bearable if you have the help of a reliable Carrollton, Georgia attorney, and the process will probably be much more manageable.

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

Life in Carrollton

Carrollton, Georgia is located in West Central Georgia, in the foothills of the Appalachian Mountains. As of the 2000 census, its population is about 20,000.

Carrollton is home to the University of West Georgia, which is considered one of the best colleges in the Southeastern U.S.

Carrollton, Georgia remained, for much of its early history, a frontier town. Getting goods and services there was quite difficult until the construction of a railroad in 1874. As a result of this, it was comparatively untouched by the American Civil War. After the railroad arrived, however, Carrollton, Georgia saw an economic boom, and became a major manufacturing center for the region, especially in textiles.

While the textile industry is not as important as it once was, manufacturing is still a major force in Carrollton's economy. Southwire, the largest manufacturer of wire and cable in the world, was founded, maintains its headquarters, and employs more than 1,500 people in Carrollton.

Carrollton enjoys relatively mild temperatures, and extreme weather conditions are quite rare in the area. Carrollton also boasts a small but vibrant local music scene.

Carrollton, Georgia lawyers are ready to help you out with whatever legal issue you might face. If you have any legal problem whatsoever, you shouldn't hesitate to call a Carrollton, Georgia attorney.

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