Contested Wills in Griffin, Georgia

Find the right Contested Wills attorney in Griffin, GA

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

Occasionally, 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 instance). 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 rationally conclude that the cost and time of a court challenge is worth it.

Like any legal matter, however, this should not be taken lightly. Will contests can foster conflict and strife within families who are already mourning a loved one. This can cause grave and irreversible damage to family relationships.

When Can a Will be Contested in Griffin, Georgia?

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

For instance, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise significant initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.

Because a testator must know what they are doing in order to write a valid will, the testator must be of sound mind at the time the will is made. Essentially, if a person is unaware of what they're doing, and the consequences of their actions, they can't make a legitimate will. This can be due to mental illness, or intoxication. Of course, if it's a result of intoxication, the testator can simply sober up and then make a perfectly valid will.

If the contest is successful, a court in Griffin, 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 Griffin, Georgia Contested Will Attorney Help?

Contesting a will is often difficult, and never fun. However, the entire process can be made more bearable if you have the help of a qualified Griffin, Georgia attorney, and the process will probably be much more manageable.

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

Life in Griffin

Griffin is the county seat of Spalding County in the state of Georgia. It has a population of about 23,000 and prides itself in preserving its rich history revolving around early American colonial life.

Griffin is also known as "the Iris City" and is famous for being the birthplace of Wild West gunslinger Doc Holliday, who was a friend of the legendary Wyatt Earp. The city has several museums which showcase artifacts and relics dating back to the 1800's. These include the Griffin Museum and the Doc Holliday Museum.

Popular places to visit in Griffin are the Sam Bailey Building, the Old Medical College Historical Area, and Hawkes Library. The city holds many events year-round such as the Fourth of July Parade, the November Chili Cook-off, the April Arts and Crafts Festival, and the Annual Chamber of Commerce Dinner.

Downtown Griffin is unique in that it incorporates what is known as the "Main Street Four-Point Approach". This is a strategy that focuses on the distinct areas of Design, Promotion, Organization, and Economic Restructuring.

Lawyers in Griffin, Georgia typically file their cases at the Griffin Municipal Court. More advanced claims are heard at the Spalding County Superior Court. Griffin lawyers generally handle a wide variety of legal claims and issues. The Spalding County Courthouse was also an historical landmark in Georgia.

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