Ted Morgan operates out of the Columbus, Ga., region and can represent beneficiaries, heirs, executors, administrators, and personal representatives in will contest litigation and disputes.
Morgan commonly sees litigation over the validity of a will under claims of undue influence, lack of capacity, fraud, improper execution, or the existence of a will executed at a later time. Morgan litigates matters involving challenging the validity of a will or the provisions in a will. He has handled a multitude of estate litigation issues relating to the validity of wills that includes:
Under Influence, this is a will that is given under the influence of a decedent that coerces them to execute a will to benefit that person. When a will made with the unwarranted influence by another, the validity is subject to being contested.
Claims of lack of testamentary capacity are when the decedent did not have the capacity to execute a valid will. Mental illnesses such as Alzheimer’s, dementia or alcohol/drug-related impairment at the time of the execution can cause a will to become invalid. The law requires the person be of “sound mind” and have a capacity to understand the nature and extent of their property, realize the people that can benefit from the will, and realize the will is the final disposition of their property.
Fraud is when a will is changed in a fraudulent and illegal manner. Good examples of fraud include pages being altered or removed or using a forged signature. A testator must also be fully aware of matters relevant to their will. If given misinformation, it is possible a will can be contested.
Improper will execution, when a will is not witnessed and signed by two competent witnesses. They must watch the testator sign the will, and they should not usually be beneficiaries of the will. There are many ways a will’s execution can be called into question.
Spouse and minor children’s rights to support is a law that says a minor child or surviving spouse is entitled to a certain portion of the estate. Also, if a testator does not leave these heirs anything, or less than the statutory minimum, Ted Morgan can petition for a year’s support under Georgia support laws.