Contested Wills in Goldsboro, North Carolina

Find the right Contested Wills attorney in Goldsboro, NC

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

A will is usually contested when a family member who expected to inherit a large amount of money or property are disappointed with the contents of the will, especially if the testator's motives are not clear. They will typically assume that the will must be a forgery, or a result of fraud or force.

If there is a large amount of money or property at stake, a family member who was left out of the will might find it to be worth the time or money to contest 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 Goldsboro, North Carolina?

There are several reasons that a Goldsboro, North Carolina court might hold a will to be invalid.

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.

Another fact that might invalidate a will is the mental incompetence of the testator. Wills must be a product of a person's volition. A will cannot be truly voluntary unless the testator knows what they're doing. Accordingly, if the testator is mentally incompetent at the time he or she makes the will, the will cannot take effect. You should be aware, however, that this test applies at the time the will is made. So, if the testator is not mentally competent at the time of death, but was when the will was made, the will is valid.

So, you've succeeded in contesting the validity of a Goldsboro, North Carolina will. What happens to the property that was going to be distributed according to its terms? Generally, 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." Usually, this simply means that the assets will be passed on to their owner's closest living relative, typically 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. Therefore, the old will can be given effect.

Can a Goldsboro, North Carolina Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a good Goldsboro, 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 Goldsboro

Goldsboro, North Carolina is a city of approximately 40,000 people. It is located in Wayne County, of which it is the county seat. Goldsboro is currently home to the Seymour Johnson Air Force Base, which is home to thousands of personnel and a major player in the local economy, bringing in young, intelligent people from all over the country. Goldsboro, North Carolina is the site of one of the most chilling incidents of the Cold War: in 1961, and American aircraft carrying two nuclear weapons broke up in midair. It released both of its bombs, and they went through several stages of the arming process. Thankfully, neither of them detonated. One of the bombs was recovered. The other landed in a muddy swamp, and was never found. It is still assumed to be buried about 55 feet underground, and has never been found. The military bought the land to prevent anyone from trying to find the bomb. Modernly, Goldsboro is home to several parks and historical sites, which are popular destinations for visitors. If you live in Goldsboro, North Carolina, and need an attorney, chances are you'll be able to find one. Goldsboro, North Carolina is home to many competent and compassionate lawyers who can handle whatever legal problem you have.

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