Contested Wills in Tifton, Georgia

Find the right Contested Wills attorney in Tifton, GA

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

Sometimes, testators leave out of their wills people who might naturally expect to inherit a significant 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 large 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 Tifton, Georgia?

A court in Tifton, 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.

Because a testator must know what they are doing in order to write a valid will, the testator must be of sound mind at the time the will is made. Basically, if a person is unaware of what they're doing, and the consequences of their actions, they can't make a valid will. This can be due to mental illness, or intoxication. Of course, if it's a result of intoxication, the testator can simply sober up and then make a perfectly valid will.

There are many other facts that might make a will invalid, and thus serve as grounds to contest a will. If a will is successfully contested in Tifton, Georgia, and held to be invalid, this usually 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 Tifton, Georgia Contested Will Attorney Help?

Because this can involve complicated legal issues, and be very emotionally draining, this is not something you want to go at alone. A good lawyer in Tifton, Georgia can be very helpful in making sure that this process goes as smoothly as possible.

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

Life in Tifton

Tifton is the county seat of Tift County, Georgia. It boasts a population of about 17,000 and is nicknamed "The Friendly City" due to its local charm and "Southern hospitality".

Tifton is well-known for being named the "Reading Capital of the World" in the year 2000. The city earned this title through achieving several goals such as reduced illiteracy rates and increased library circulation. Additionally, Tifton has been voted one of the Top 100 Small Towns in America, and has also been named the Cleanest City in America.

Notable points of interest in Tifton include the Coastal Plain Research Arboretum, the Abraham Baldwin Agricultural College (ABAC), and the "Agrirama". The Agrirama is a large, 95-acre site dedicated to preserving Georgia's achievements in agriculture. The Agrirama houses Georgia's Museum of Agriculture and Living History Museum.

As you can probably tell, the agricultural industry is a large part of Tifton's culture and economy. Lawyers in Tifton, Georgia can help you address your legal needs which may be unique to Tift County. Tifton Municipal Court is where most Tifton lawyers file their cases. The municipal court is authorized to hear a wide array of legal matters.

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