Contesting A Will Process

Summary

Contesting a will in Georgia involves proving undue influence or lack of testamentary capacity. Grounds include fraud, undue influence, or improper execution. You have four years from probate to contest. Medical evidence, even without a dementia diagnosis, can support your case. Consider consulting a local attorney for guidance.

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John
Hey John! Could you tell me a bit more about your legal issue? That way, I can provide you with the most relevant information.
May be preparing to contest a will.
Hey John, contesting a will can be complex. In Georgia, you might consider these points:
- Grounds for contesting: fraud, undue influence, lack of testamentary capacity, or improper execution.
- Time limit: typically, you have four years from when the will is probated to contest.
Is there a specific aspect of the will you believe might be contestable?
The person has gone and changed their revocable living trust to a living will due to undue influence. They haven’t been diagnosed professionally with Dementia but they seem to be suffering from early onset stages.
It sounds like you're dealing with a potentially complex situation. In Georgia, contesting a will on grounds of undue influence or lack of capacity involves demonstrating that the individual was unable to make independent decisions. Here are some points to consider:
- Undue Influence: Proving undue influence typically requires evidence that the person was manipulated or coerced.
- Testamentary Capacity: You might need to show that the person was not of sound mind while making the changes.
- Medical Evidence: While a professional diagnosis of dementia isn't necessary, medical records or testimony could strengthen your case.
Do you want to connect with local lawyers in Georgia who can provide more specific guidance on contesting a will?