Contested Wills in Dalton, Georgia

Find the right Contested Wills attorney in Dalton, GA

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

Sometimes, testators leave out of their wills people who might naturally expect to inherit a substantial 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 considerable 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 frequently 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 Dalton, Georgia?

A court in Dalton, Georgia will not entertain a will contest unless there is a very good reason to do so. However, there are some allegations which, if proven, clearly invalidate a will.

For example, a will obtained through duress (a threat of harm, typically 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.

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 you successfully contest the will in Dalton, 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 typically happen during a person's life. Typically, 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 Dalton, Georgia Contested Will Attorney Help?

Contesting a will can be a complicated, emotional, expensive, and time-consuming process. There is really no way around this. However, a knowledgeable Dalton, Georgia wills and estates attorney can minimize these problems, and make the process as painless as possible.

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

Life in Dalton

Located in the foothills of the Blue Ridge mountains, Dalton, Georgia is a self-proclaimed great place to live, work, and play. Home to roughly 33,000 residents Dalton has major Southern charm.

Known as the carpet capital of the world, Dalton is home to many of the nation's top carpet companies. Home to over 150 carpet factories, more than 90% of the world's carpet is produced in Dalton! Dalton also had many civil war relics and other historical sites, making it a great place for history buffs to visit and Dalton residents to admire and ejoy. In fact, Dalton was recently recognized as having more intact Civil Way artifacts than any other city in the country.

Fast forwarding from the civil war, Dalton is also home to many talented lawyers. Dalton lawyers specialize in a range of legal issues and are available to help serve their clients in any capacity they may find themselves dealing with. If you find yourself in Dalton, and in need of a top-notch attorney, then look no further. Dalton,Georgia is a great place for carpet, history lessons, and great attorneys.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Regel B.
Regel B.

Wills, Trusts and Estates

Caldwell, LA

Brad M.
Brad M.

Wills, Trusts and Estates

Sussex, NJ

David L.
David L.

Wills, Trusts and Estates

Ashland, OH

Gotham Light