Contested Wills in Asheville, North Carolina

Find the right Contested Wills attorney in Asheville, NC

It is possible, in Asheville, North Carolina, to go to court and claim that a will is invalid, in some cases. This is called a Will Contest.

Sometimes, when a person who expected to be included in a will is left out, their natural assumption is that there was some mistake, or that the will was made through improper means, such as duress or fraud, or that the will is an outright forgery.

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 Asheville, North Carolina?

A court in Asheville, North Carolina 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, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise significant initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.

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 Asheville, North Carolina will is successfully challenged and therefore invalidated, there has to be some system for orderly distribution of the decedent's property. Usually, 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 Asheville, North Carolina Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a good Asheville, North Carolina 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 Asheville

Asheville is located in Buncombe County, North Carolina. It is the eleventh largest city in North Carolina, with a population of around 83,393 people.

Some fun sites to visit while in Asheville include the Biltmore Estate, Blue Ridge Parkway, the Botanical Gardens at Asheville, Grove Park Inn, the North Carolina Arboretum, the Smith-McDowell House, Sliding Rock, Bent Creek, McCormick Field, and the Thomas Wolfe Memorial State Historic Site.

Some famous residents (past and present) include Brad Daugherty, Harry Anderson, David Holt, Paul Schneider, Brett Swain, Robert Pressley, Rashad McCants, and Andie MacDowell.

Top employers include the health care system, the school district, Volvo Construction Equipment, Wal-Mart, Ingles, Thermo Fisher Scientific, and Arvato Digital Services. Although no law firms are listed, Asheville is home to many practicing attorneys who aid residents with all their legal matters.

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