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Probate has begun. Do you feel something just isn't right?

After a loved one passes away, surviving family members often experience a myriad of emotions. During this time, a probate will may also be started in order to settle that Georgia resident's estate. As you find out more about the will, you may begin to suspect that something just is not right. You may begin to wonder if you should challenge the will.

Perhaps you wonder whether your deceased loved one was in his or her right mind when the will was signed. This could be because the provisions of the will are not what you discussed with your loved one on one or more occasions. You may question whether someone else exerted some sort of influence on the decedent.

Maybe you discovered that the will was signed after your loved one began suffering from some sort of mental disability such as Alzheimer's or dementia. You may wonder if your loved one lacked the capacity to understand the terms of the will when it was signed. If this is your concern, you may feel the need to contest the will. In many cases, testamentary capacity and undue influence go hand in hand.

Someone may have taken advantage of your loved one's diminished capacity to improve his or her position in the estate. The first time you realized that something may be wrong was when the Georgia probate was filed. If you have the standing to do so, you may file a will contest to be sure that no one took advantage of your loved one and that it was signed when your loved one understood what he or she was signing.

Source: FindLaw, "Reasons to Challenge a Will", Accessed on Dec. 2, 2017

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The Bowden Spratt Law Firm, P.C.
191 Peachtree Street NE, Suite 4400
Atlanta, GA 30303
Toll Free: 877-920-1051
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