Contested Wills in Huntersville, North Carolina

Find the right Contested Wills attorney in Huntersville, NC

It is possible, in Huntersville, 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 often 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 Huntersville, North Carolina?

A court in Huntersville, 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, a will obtained through duress (a threat of harm, usually physical) is invalid. Of course, duress is very difficult to prove after the fact, and the issue may not even come up until many years after it allegedly occurred, making proof even more difficult. However, if the named beneficiary was in some type of position of power or trust with respect to the decedent, and is not someone who one would normally expect to get a large gift in a will (they're unrelated to the testator, for example), those facts alone might be enough to raise the suspicion of impropriety. Of course, those facts by themselves are not enough to prove duress.

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 Huntersville, 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 Huntersville, North Carolina Contested Will Attorney Help?

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

Huntersville plays host to 25,000 Mecklenberg County residents who live just 12 miles north of Charlotte. The city's namesake is Reverend Humphrey Hunter who was a minister at Steele Creek and Unity Presbyterian Churches but is best known as a Revolutionary War hero. They City of Huntersville covers a total of 31.2 square miles which offer a mild seasonal climate and outstanding resident accommodations which attracts many professionals like lawyers. Lawyers in Huntersville are well experienced with a diverse variety of cases taking local and state laws into account when advising you.

The most notable attractions in Huntersville include Lake Norman, North Stone County Club, and NASCAR. Lake Norman is a large manmade lake constructed by Duke Power and serves the nearby nuclear power plant. The lake offers picnic and recreational areas for visitors. The North Stone Country Club is home to one private and two semiprivate golf courses that are all maintained by the IRI Group. Joe Gibbs Racing which operates three Sprint Cup Series teams, is headquartered in Huntersville. The FedEx Toyota Camry, MM's Toyota Camry, and Home Depot Toyota Camry are all serviced and housed there. 

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