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Identifying interested parties for probate litigation

In some cases, after the death of a person in Georgia, there could be a legal challenge to the person's will. This is known as probate litigation. However, as part of that litigation, it might be necessary to determine who is an "interested party." This includes the people named in the last will and testament, but others may be interested parties as well.

All surviving family members are considered interested parties. This is the case whether or not they are included in the will. Furthermore, everyone named in the will is also an interested party. If there is a previous will, people named in that will might also be considered interested parties.

If a person wants to contest a will, all of the interested parties must be identified. This is because all interested parties have to be contacted about probate litigation since they have a right to be involved in the litigation.

There are a number of different reasons that a will might be challenged. For example, the family could feel the person was unduly influenced by someone when making the will. This could be the case if a person leaves an entire estate to a caregiver or a new spouse. Family members might also challenge the will if they are unhappy with what they have been left or feel they were overlooked. Challenges could happen if the will is in conflict with other estate planning documents, such as beneficiary designations.

People who are creating an estate plan might want to work with an attorney to reduce the likelihood that it will be vulnerable to a challenge during the process of estate administration & probate. They should also review the estate plan regularly to ensure that it remains up to date and that all its elements are consistent with one another.

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