Contested Wills in Rome, Georgia

Find the right Contested Wills attorney in Rome, GA

In Rome, 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.

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

When Can a Will be Contested in Rome, Georgia?

There are numerous reasons that a Rome, Georgia court might hold a will to be invalid.

To be valid, a will must be a product of the testator's own free will. So, a will that the testator was forced or tricked into making is not valid, if the probate court finds out about the duress or trickery. Of course, wills are normally made many years before a person dies, so how can a person expect to prove duress or fraud if they suspect it? To begin with, it's not easy. It is possible, however. First of all, it's good to have as much documentation of the testator's affairs as possible. Any written statements concerning their desires on this matter will also be very useful, if there are any. Additionally, if the suspect gift is totally out of left field (property is left to someone that you know the testator didn't like, or barely knew, for instance), this might also support your position that the will was invalid. Of course, the testator can leave his or her money to whomever they want, so these facts, by themselves, will not be enough to prove fraud or duress.

Another thing to consider is the mental capacity of the person making the will. If, at the time the will was made, the testator was insane or heavily intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be shown.

If a Rome, 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 Rome, 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 Rome, Georgia attorney, and the process will probably be much more manageable.

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

Life in Rome

Rome is a city in Floyd County, Georgia. It is the largest city in, and county seat of, Floyd County. As of the 2000 United States Census, Rome, Georgia has a population of about 34,000 people.

Rome was inhabited by humans for thousands of years before the arrival of European colonists. Europeans first explored the area in the mid-1500s, when Spanish explorers first charted the Southeastern U.S.

The modern city of Rome, Georgia was founded in 1834. The founders of the new city determined its name by drawing lots from names submitted by the other founders. In 1835, the Georgia legislature incorporated Rome as a city. During the Civil War, Rome's industrial capacity made it strategically important, and both sides fought fiercely to control it.

Modernly, Rome is a thriving small city, owing to its diverse economy. It is supported by the manufacturing, high technology, tourism, and healthcare. Rome is also home to Shorter University, a private liberal arts college which consistently brings in new, young residents with disposable income, further boosting the economy.

If you live in Rome, Georgia, and need a competent, experienced attorney to handle any legal issues you might be facing, you're in luck. There are many Rome, Georgia lawyers to choose from, and you should be able to find one who's right for you.

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