Atlanta Probate Lawyer Blog
The Atlanta, Georgia, will contest lawyers at our Firm have seen a rise in the number of shameful and disgraceful “primary persons,” “caregivers,” and “significant others” who attempt to seemingly base their living on their ability to give rise to their fortune through the misappropriation of another’s funds “in disguise” – through inheritance via the will. This is usually to the exclusion of the rightful and normal beneficiaries and heirs; the family members – the loved ones.
Our Georgia will litigation firm has noteworthy experience advising and representing clients in seeking out the “truth” in their case proving the invalidity of a will through full discovery. Our Firm usually advises to seek full discovery through means such as the following: Request for Admissions, Interrogatories, Request for Production of Documents, Depositions, Psychiatric Evaluation Orders; and all other available means, pursuant to the Georgia Civil Practice Act. In fact, our Atlanta, Georgia will and estate litigation lawyers usually seek a jury trial in most instances — NOTE: You can have your jury trial in all the Georgia probate courts where the county has approximately 96,000 residents or more – (See recent U.S. Census).
I find these three (3) guidelines helpful for the rightful heir or beneficiary who seeks justice, normality, and comfort in any disputed will case.
The reasons are as follows:
REMEMBER THIS NO. 1: This is about what has been done and what must be made right upon the findings of an impartial jury or the court. You are none the lesser and all the better for asking the questions and being outspoken and sincere.
REMEMBER THIS NO. 2: You are the family member or loved one left out. This is unusual and not the norm. It is a natural sequence of events to take care of another family member after death through a will or other instrument, no matter the circumstances. This includes both monetarily and otherwise. Most people know there is little they can do to provide a stable and comforting future without leaving assets.
REMEMBER THIS NO. 3: Do what you need to do to put matters to rest. If you let this bother you without taking action and finding an outlet to discover the truth, these feelings could haunt you for sometime if not forever.
Our Atlanta will and estate litigation law firm knows and understands the legal ins-and-outs of the disposition of a departed person’s estate through their will. It appears that there is not much left to the imagination of the proverbial predator upon the family assets and the unknowing family, friends and rightful beneficiary and heirs who fall in the wake.
Georgia Probate Courts have found the following legal reasons as sound justification that the will is not legally sound and held such will is void as a matter of law:
• Duress – A decedent under pressure to do what they would not normally do, act how they normally act, or other such actions where a decedent has acted with pressure upon their “real” wishes and desires.
• Coercion – A decedent under pressure through extremes put upon themselves by themselves and others (perhaps the person seeking to be named in the will).
• Undue influence – Using tactics and other immoral and untrue acts to put pressure on a decedent to change their will.
• Lack of Capacity – Alzheimer’s, Dementia, Chemotherapy, medications of all sorts, etc.
• Incompetence – A person not able to act on their own accord who must be told what they are to do – this is oftentimes combined with incapacity.
• Mistake of Fact – A person making a will under false pretenses, lies and untruths told by another or coming to their mind through a mental disorder.
• Fraud – A person who has done the right thing and this has been changed through trickery, lies, deception, and sometimes acts of forgery, page replacement, and other deceptive acts.
• Senseless Dispositions — They are not dispositive of the decedents inability to act, but do tell a story all their own.
If you are concerned about the final disposition in the will of a family member, friend, confidant, lover, or other important person, The Libby Law Firm represents potential heirs, beneficiaries, estates, and personal representatives in all stages of probate cases.
Our Firm has many decades of combined experience through its experienced Atlanta Probate attorneys and staff, specialized in assisting with the contest of wills in Georgia probate courts. Should you have any questions or desire any assistance concerning contested Probate Court matters, Estate Administration disputes in GA County Probate Court, Estate Litigation in GA County Probate Court, please feel free to call our Firm (404) 467-8611 , to discuss your options. You can also send us a message through our confidential Web Site form.
The Libby Law Firm is conveniently located in the Buckhead section of Atlanta, GA near the intersection of Piedmont and Roswell Roads.