Contested Wills in Milledgeville, Georgia

Find the right Contested Wills attorney in Milledgeville, GA

In Milledgeville, 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 Milledgeville, Georgia?

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

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.

A will can also be denied 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 instance) at the time the will was made, the will can still be invalidated.

If a Milledgeville, Georgia will is successfully challenged and thus invalidated, there has to be some system for orderly distribution of the decedent's property. Typically, if a will is held invalid, all of the property will be treated as if the decedent had never written or will. This means that it goes to the decedent's closest living relative, or, if there are not relatives who can be located, the state.

Can a Milledgeville, Georgia Contested Will Attorney Help?

Because a will contest can sometimes involve difficult legal and factual questions, as well as some very raw emotions, a skilled Milledgeville, Georgia attorney can be invaluable in helping this process go as smoothly as possible.

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

Life in Milledgeville

Milledgeville, Georgia is a town in, and the county seat of, Baldwin County. Its current population is approximately 18,000 people. Milledgeville was one of the first capitals of Georgia, and it served in that capacity from 1806 to 1868, when the capital was moved to its current location of Atlanta.

Milledgeville, Georgia was named after John Milledge, an early governor the state of Georgia.The town was founded in the early 19th Century, andis a very early example of a planned city, being built for the express purpose of serving as Georgia's capital.

Milledgeville has the distinction of being the hometown of Oliver Hardy, famous for being one of the Laurel and Hardy pair, one of the most famous and popular comedy duos of the time. Furthermore, Milledgeville is the birthplace of Congressman Car Vinson, as well as several professional athletes, most of whom are in the NFL.

Milledgeville, Georgia attorneys, and the legal community as a whole, are part of what makes Milledgeville what it is today. If you need any type of legal assistance, it's probable that there's at least one Milledgeville, Georgia lawyer who can help you with your case.

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