Contested Wills in Lumberton, North Carolina

Find the right Contested Wills attorney in Lumberton, NC

It is feasible, in Lumberton, 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, particularly if the testator's motives are not clear. They will frequently 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, particularly if another family member stands to lose out if you are successful in the contest, can permanently alter or even destroy family relationships. Evidently, this is something to consider.

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

Courts in Lumberton, North Carolina will not let a person contest a will unless they have an excellent reason. There are, nonetheless, some allegations which will always invalidate a will, if they are proven.

For instance, 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. Nonetheless, 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 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. Therefore, 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 Lumberton, 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 Lumberton, North Carolina Contested Will Attorney Help?

Because a will contest can sometimes involve confusing legal and factual questions, as well as some very raw emotions, a skilled Lumberton, North Carolina attorney can be invaluable in helping this process go as smoothly as possible.

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

Life in Lumberton

Lumberton is a city located in Robeson County, North Carolina. It currently has a population of approximately 20,000 people.

The city is located on the Lumber River, and was founded in 1787 by an Army officer, a few years after the end of the American Revolutionary War.

Originally, the Lumber River was used as a major route to transport lumber. Before the advent of mechanized transportation, it was common for lumber to be transported long distances by floating it down large rivers, and such transport was a major source of jobs and development for the areas where this transport occurred.

Most of the growth that turned Lumberton into the city it is today, however, occurred during and after WWII, where it was a major shipping center.

Modernly, the Lumber River is a major recreational attraction, allowing for swimming, rafting, and fishing. It is considered one of the most highly-prized recreational sites in the state, thanks to its natural beauty, and the fact that it features large areas of almost completely unspoiled coastal plains habitat.

There are plenty of Lumberton, North Carolina lawyers who can handle whatever legal issue you might be facing.

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