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Contesting a will executed by a deceased loved one is a decision not to be entered into lightly.  There are issues of jeopardizing family harmony and updholding the departed’s last wishes with respect to his/her property.  There are many instances, however, where unfair and outside pressures resulted in the drafting of a new will or the alteration of an existing will, original beneficiaries may have a right to challenge the validity of a final will.

Most successful will challenges involve attacks on the lack of formal execution of the will or the presence of undue influence.  Georgia law requires a certain number of present, uninterested witnesses to view the testator (the person having the will made) sign and execute the will, after which these witnesses make their signatures on the will near the testator’s.  There exist issues for a formal challenge, including the capacity of the testator, presence of witnesses during execution, and many others.

The other most successful means for someone to contest a will is by proving the will was created through undue influence.  Although there is a lot of case law on the subject, in Georgia, undue influence usually involves a beneficiary of a will who pressured the testator into leaving him a considerable portion of the testator’s estate, while the testator was in a weakened or influencial state susceptible to such pressure.  The fact that the beneficiary is someone who would have not have inherited by State intestacy laws and/or had a confidential relationship with the testator can create a rebuttable legal presumption that the bequest was a result of undue influence.  Although there are many other ways to challenge a will, most contests focus on instances where the intent of the testator has been replaced with that of the beneficiary.

You should consult with an attorney as soon as possible to determine what rights to a will challenge you may have.  The attorneys of Larsen & Teusink PC have the knowledge and experience to preserve your rights and to help stop those who sought only to take advantage of your loved ones for their own personal gain.  Contact one of our professionals today to schedule an appointment.  678.553.2923

Posted under Estate Administration, Estate Planning, Probate Law, Probate Procedure, Wills

The passing of a loved one is never a welcomed moment in anyone’s life.  This event is doubly painful when the deceased was the prime source of support for a spouse and minor children.  Many people believe that when someone dies, that all debts owed by the deceased need to be paid before any other claims against the estate.  This is not true in some circumstances.

Georgia allows for the surviving spouse and minor children of a deceased person to petition and obtain what is referred to as “Year’s Support.”  Year’s Support provides for monetary support as well as granting of a right to reside in the family house for a period of at least one year.  A person seeking year’s support will have to offer evidence relating to the deceased spouse’s/parent’s level of prior support as well as the survivors’ current needs and expenses.

Although notice must be given to all interested parties, an award of year’s support by a probate court takes priority over most claims to an estate, even creditors.  For example if a husband dies with $20,000 in assets and $30,000 in debts, if a surviving wife can show a prior level of support of at least $20,000 or more, generally the vast majority of the $20,000 will go to the wife as an award of year’s support.  Also, if a spouse or child has been left out of a will, year’s support provides an alternative for those disinterested parties to obtain some award from the deceased’s estate.  In practice, however, there are some courts that seek to reserve money aside for any work carried on by a county administrator or expenses for the deceased’s funeral.

Larsen & Teusink PC has experience in helping clients obtain year’s support awards which have helped them move past what has already been a difficult time.  Please call our offices today at 678.553.2923 and speak with one of our professionals today to learn more.

Posted under Estate Administration, Probate Law, Probate Procedure