Upon death, a Last Will and Testament provides legal direction for how a decedent’s estate and assets are distributed. The named executor of the Will holds a fiduciary duty to administer the estate in good faith, according to the terms of the Will, and with the best interest of the estate beneficiaries in mind. If co-executors are named, they have a duty to act together, not separately.
Once the executor has filed the Will in the Probate Court associated with the decedent’s county of residence and submitted a Petition to Probate Will, each heir is formally served a copy of the Petition. It is at this time that each heir may challenge or object to the decedent’s Will on the ground that the Will is invalid. In Georgia, this Will dispute or Will contest is referred to as a caveat, and the caveat must be filed within 10 days of when the heir is served with the Petition.
Common Grounds For Contesting A Will
Lack of Execution Formalities
Lack of Testamentary Capacity
Existence of a Later Will
Consult with an Experienced Attorney
The attorneys of Gaslowitz Frankel have years of expertise in handling the complex issues surrounding Will disputes. For trusted legal guidance and professional discretion, consult with the attorneys of Gaslowitz Frankel.