Losing a loved one can be devastating enough, but discovering that the terms of the deceased individual’s will may be invalid or unjust can lead to additional stress and anxiety. If you have concerns that the will of a recently deceased family member may be invalid for any reason, you have the right to contest it. The knowledgeable probate attorney at Spencer Law Office is here to help you understand your legal options so that you can make sure you and your loved ones achieve an equitable outcome.
Contested Wills Attorney Serving Valdosta, Quitman, & Brooks County
Seasoned Probate Lawyer Helping Quitman Clients Resolve Matters of Contested Wills
Contesting a Will in Georgia
There are four main legal grounds for contesting someone’s will, according to Georgia state law. If the individual created a will and yet failed to have it signed according to state laws, you may contest it. In Georgia, at least two witnesses—who are over the age of 14 and who are legally competent—must be present when the will is signed. Or, perhaps the person creating the will was not of sound mind at the time the will was made. If you have concerns about this, you and your attorney can raise an objection and contest the will. Alternatively, should you have reason to believe the decedent created the will under extreme external pressure or duress, this is considered grounds for contesting it. Finally, if you suspect that the will is fraudulent in any way, speak to your attorney right away to voice an objection.
Understanding the Process
When it comes to contesting a will, time is of the essence. Georgia law requires that any objection to the will be made within a considerably short time frame—usually 10 to 13 days—after you receive a letter from the probate court notifying you of your rights. If you wish to file a caveat and contest the will, you should reach out to an experienced probate attorney who can support you throughout the process. Once you and your lawyer have formally contested the will, the court will examine the matter and make a ruling based on all of the available facts. Spencer Law Group is prepared to provide you with trusted guidance at each step of the way, making sure you understand your options for achieving a favorable outcome.
