Contested Wills in Lagrange, Georgia

Find the right Contested Wills attorney in Lagrange, GA

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

Occasionally, 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 instance). 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 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 Lagrange, Georgia?

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

For instance, 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. Thus, 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.

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 really voluntary unless the testator knows what they're doing. Therefore, 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 therefore serve as grounds to contest a will. If a will is effectively contested in Lagrange, Georgia, and held to be invalid, this typically 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 Lagrange, Georgia Contested Will Attorney Help?

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

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

Life in Lagrange

LaGrange, Georgia is a town located in Troup County, Georgia.

It currently has a population of about 25,000 people. Settlement of the area now known as LaGrange began in the early 1800s, and got its name from Colonel Oscar LaGrange, a Union officer during the American Civil War, who defied the "scorched earth" strategy of some Union commanders, and spared the homes of many residents of the area.

After the war, LaGrange became an important transportation hub, with several rail lines converging in the town. It also became a major center for the textile industry, like many Southern cities in the 19th and 20th centuries. However, by the mid-20th Century, this industry had begun to decline significantly.

Currently, thanks to the convergence of several national highways in LaGrange, the city remains a transportation hub, with many large companies, such as Wal-Mart, having set up distribution centers in the area.

If you live in LaGrange, Georgia or the surrounding areas, you can probably find a good LaGrange, Georgia attorney who can handle your case. LaGrange, Georgia attorneys are ready to help.

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