Contested Wills in Cary, North Carolina

Find the right Contested Wills attorney in Cary, NC

It is allowed, in Cary, 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 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.

As with the initiation of any other legal proceeding, contesting a will is a big decision. It can be time-consuming and expensivee. It also has the possibility to damage family relationships and foster strife among people who are already mourning the loss of a loved one.

When Can a Will be Contested in Cary, North Carolina?

There are many reasons that a court in Cary, North Carolina might invalidate a will.

One big reason to invalidate a will is the fact that the will was made under duress. "Duress" simply means forcing somebody to do something they don't want to, using some kind of threat. Normally, the threat involves some type of physical harm. The most obvious example would involve putting a gun to somebody's head and telling them to write a will containing the terms desired by the gunman. Such a will, assuming the underlying facts can be proven in court, will never be valid. Of course, the validity of a will rarely becomes an issue until the testator has died, which may be years after the will was drafted. This means that proving the circumstances under which the will was made can often be very difficult. However, there are certain facts, such as the devise being to an "unnatural" beneficiary (somebody the testator didn't know very well, for instance), and the beneficiary being in a position of power over the decedent, are enough to at least create a suspicion that something is wrong.

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 severely intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be proven.

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 Cary, North Carolina, and held to be invalid, this normally 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 Cary, North Carolina Contested Will Attorney Help?

Contesting a will can be a perplexing, emotional, expensive, and time-consuming process. There is really no way around this. However, a brilliant Cary, North Carolina 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 Cary

Cary, North Carolina, is situated in Wake County and Chatham County. The city is the second largest in Wake County with a population of 143,000 people. It is an important suburb of the city of Raleigh and belongs to the region known as "the Triangle" area. Cary is also less than 20 minutes from major universities like University of North Carolina and Duke. Over two-thirds of Cary adult residents have college degrees.

The city of Cary, North Carolina is known as the "Technology Town of North Carolina" due to its proximity to Research Triangle Park. The Research Triangle hosts research and development facilities for over 150 high-tech organizations, and is the worksite for over 39,000 employees. Also, Cary's government has made considerable efforts at increasing the quality and availability of technology in the city.

In addition, Cary's government maintains an aesthetically pleasing and artistic feel to the city. Popular destinations include William B. Umstead State Park, the Page-Walker Hotel, and the USA Baseball National Training Complex. Many events and festivals are held in Cary, North Carolina, such as the Spring Daze Arts Crafts Festival and the NC Eid Festival.

Lawyers in Cary, North Carolina practice law in many different fields and cover a variety of legal matters. Experienced attorneys in Cary are familiar with the unique laws of the city. They provide legal advice, guidance, and representation in situations where the presence of an attorney is needed.

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