Contested Wills in Peachtree City, Georgia

Find the right Contested Wills attorney in Peachtree City, GA

In Peachtree City, 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.

Bringing legal action against anyone, let alone a family member, is not a decision that you should rush into. Contesting a will, especially if another family member stands to lose out if you are successful in the contest, can permanently alter or even destroy family relationships. Obviously, this is something to consider.

When Can a Will be Contested in Peachtree City, Georgia?

There are various reasons that a court in Peachtree City, Georgia might invalidate a will.

For example, 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. Therefore, 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 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 a Peachtree City, Georgia will is successfully challenged and therefore 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 Peachtree City, Georgia Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a knowledgeable Peachtree City, 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 Peachtree City

Peachtree City plays host to 35,000 Fayette County residents. The population is expected in increase drastically with the formal annexation of an adjacent unincorporated area of Coweta County known as "the West Village." Annexation or not, Peachtree City is one of the best places to live in the United States. The city offers over ninety miles of road dedicated solely to golf cart traffic. Over 25% of Peachtree City residents own a golf cart making it a very popular method of transportation. The city allows unaccompanied 15-year olds to operate the carts alone as long as they have a learner's permit. Peachtree City is known widely as the location of a National Weather Service radar station from which the Weather Forecast Office broadcasts. Most recently, Peach tree city ranked 8th on Money Magazine's 100 best places to live. It's the second time. Peachtree City additionally won the Tree City USA title from the Arbor Day Foundation.

Peachtree City is also a bustling center of commerce with Panasonic Automotive Systems Company of America which is a major supplier of automotive electronics, the long time local company named Cooper Lighting, and Avery Dennison which manufacturers paper products and adhesives. As such a standout city, you shouldn't be surprised to find out there are a number of local Peachtree City lawyers. Lawyers in Peachtree City are acquainted with local Fayette County and Georgia State court procedures.

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