Contested Wills in Thomasville, Georgia

Find the right Contested Wills attorney in Thomasville, GA

In Thomasville, Georgia, there is a procedure through which a person can challenge the validity of a will. This is recognized as a "contested will" or "will contest."

Sometimes, testators leave out of their wills people who might naturally expect to inherit a considerable 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 massive 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 Thomasville, Georgia?

A court in Thomasville, Georgia will not entertain a will contest unless there is a very good reason to do so. However, there are some allegations which, if proven, clearly 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.

Another reason why a will might be invalid is the maker of the will being mentally incompetent at the time the will was made. In order to make a valid will, the person making it must have enough of his or her mental faculties to understand what they're doing, and the consequences of it.

So, you've succeeded in contesting the validity of a Thomasville, Georgia will. What happens to the property that was going to be distributed according to its terms? Typically, when a will is declared void, the decedent's assets will be treated as if he or she had died without a will. This is known as "intestacy." Normally, this simply means that the assets will be passed on to their owner's closest living relative, usually a spouse, children, siblings, or parents. If absolutely no relatives can be found, the property is passed to the state. If there is a previous will, which was revoked by the invalid will, a court might revive the old will. If the new will was found to be completely invalid (rather than just parts of it), it follows, then, that the revocation of the old will is invalid as well. Thus, the old will can be given effect.

Can a Thomasville, Georgia Contested Will Attorney Help?

Contesting a will can be a confusing, emotional, expensive, and time-consuming process. There is really no way around this. However, a brilliant Thomasville, Georgia wills and estates attorney can minimize these problems, and make the process as painless as possible.

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

Life in Thomasville

Thomasville is located in Thomas County, Georgia, and is the county seat. With a population of 19,000, it is the second largest city in the Southwest Georgia region.

Thomasville is best known as "The City of Roses". The city maintains over 7,000 rose plants located in various spots throughout the city. Many residents also grow their own rose plants for display. A Rose Festival is held every year at the end of April, where rose cultivators from all over the world display their prize rose specimens. The festival includes street shows, dancing, vendor displays, and plentiful selections of food.

The city of Thomasville prides itself on preserving American history and culture. Popular historic sites include the Thomasville Cultural Center, Thomasville Landmarks, and the Thomas County Historical Society Museum of History. The historical sites attract numerous tourists every year.

Thomasville lawyers can usually assist you by filing your claim at the Municipal Court of Thomasville. The municipal court is the first avenue of relief for most types of legal claims. Many lawyers in Thomasville, Georgia are members of the Thomas County Bar Association in addition to the Georgia State Bar.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Regel B.
Regel B.

Wills, Trusts and Estates

Caldwell, LA

Brad M.
Brad M.

Wills, Trusts and Estates

Sussex, NJ

David L.
David L.

Wills, Trusts and Estates

Ashland, OH

Gotham Light