Atlanta Probate Lawyer Blog
Most successful Atlanta will challenge lawyers know every beneficiary will go to great lengths to challenge the mandate of the decedent’s will, but will they risk it all? The answer is likely no.
As a will probate defense lawyer in Atlanta, Georgia, I have represented numerous clients in different types of will contests. Thus, I know it is especially true that most will contest cases involving undue influence usually settle on an agreed amount, rather than letting the case come to an all or nothing verdict. This is because human nature seems to inevitably leave someone with something substantial than one party with nothing and a great deal of embarrassment and fear.
Remember, there is nothing greater than an exceptional Atlanta, Georgia Will Contest Lawyer when the need arises to deflect a Will Contest/Challenge. However, the following are some points to follow and not about the occurrence of undue influence:
• Undue influence occurs when the influencing party overcomes the decedent’s free will. This type of strong influence occurs when there is a confidential relationship between those involved and the testator cannot ward off the greater mental capacity of the influencing party. Thus, the confidential nature of the relationship between parties is a key factor.
• Many cases of undue influence occur between parents and children. When a close relationship exists between one child and the parent, it is possible for the child to manipulate the parent into signing a Georgia will that favors that particular child. It is also possible for the influence to come from outside the family, for example from a hired caregiver who spends large amounts of time with the elderly person.
• When faced with a case of undue influence regarding a will, the Georgia probate court will examine the mental state of the deceased at the time that the will was executed.
• the decedent was easily influenced, due to age, health or general mental state
• the person suspected of undue influence had an opportunity to coerce or manipulate the victim
• the person suspected of undue influence had the motive or disposition to influence the victim
• the person suspected of undue influence was actively involved in creating the will
• the will appears to have been influenced
As soon as undue influence is suspected, it is critical to seek the advice of an Atlanta, Georgia, estate litigation attorney. Undue influence is often suspected upon administration of the decedent’s estate, but in other instances when noticed early on, the person exerting undue influence can be stopped before a will is executed. The lawyers at ADAMS | MIHILL are quickly able to assist with any Georgia, probate, estate, or will contest issue. Please contact us to discuss your situation at (404) 467-8611. You may also send us a message through our confidential website form. Serving metro-Atlanta and northern Georgia, the Firm’s main office is conveniently located in the Buckhead section of Atlanta.
The main location of ADAMS | MIHILL is conveniently located in the Buckhead section of Atlanta off Piedmont Road near the GA 400 Lenox Road/Buckhead Triangle. We also have a Cobb County Probate law office located in Marietta, Georgia. You can reach the Cobb County, Marietta, Georgia office by calling (770) 952-1008. You may also send us a message through our confidential Web Site form to either or both offices.
Consider this: Our Atlanta, Georgia Will Challenge Lawyers are specialists in their practice areas. Our Probate law offices in Atlanta and Marietta consist of outstanding members of the Georgia legal community, and our experienced Atlanta, Georgia estate litigation attorneys are waiting for you.
You can be rest assured; our Atlanta Probate Lawyers will uncompromisingly assert your rights and protect your best interests. The ADAMS | MIHILL Atlanta and Marietta, Georgia Wills, Trusts, and Estate Litigation Lawyers boast a national client base, which consists of clients located in over 35 states as well as many foreign countries.