Contested Wills in Cartersville, Georgia

Find the right Contested Wills attorney in Cartersville, GA

In Cartersville, 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 Cartersville, Georgia?

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

For example, a will obtained through duress (a threat of harm, usually 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 truly 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 Cartersville, Georgia, and held to be invalid, this usually 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 Cartersville, Georgia Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a good Cartersville, Georgia attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.

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

Life in Cartersville

Cartersville, Georgia is a community located in Bartow County. After the 2000 census, its population was just under 30,000 people. A 2005 Census Bureau estimate placed its population at over 41,000, indicating very rapid growth.

Located about an hour's drive north of Atlanta, Cartersville is a popular place to live for families who want a quiet, safe place to raise children, but have at least one family member who works in the much larger city of Atlanta.

With an attractive historic downtown area, a community theater which performs in an historic venue, several art museums, and a fairly high median income,Cartersville, Georgia is considered a very good place to raise a family.

Cartersville is steeped in history, and one of the major points of historical interest is the Etowah Indian Mounds, a major archeological site. The mounds were built over 1,000 years ago, and artifacts from several different tribes are still being found in the area.

Given the rapid growth that the city of Cartersville has seen, and its various points of interest, it's no surprise that Cartersville, Georgia lawyers tend to be equipped to handle a wide variety of legal problems. Whatever legal issue an individual is likely to face, chances are good that a Cartersville, Georgia lawyer can help.

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