If you spent a lot of time with a parent or grandparent that has since died, you might know how they wanted to distribute their assets. You also know they left a will detailing these wishes.
What if another beneficiary contests the will based on the alleged mental incapacity of your deceased loved one? How can you prove that your family member was of sound mind and not incapacitated when they made their will?
Certain testimony can help
Unfortunately, your opinion as someone close to the deceased may not carry enough weight to prove the will is valid. You need facts and evidence to support your claim that the testator did not suffer from mental incapacity.
This is where legal guidance, medical opinion and family member testimony converge to create a more detailed picture. The testimony of individuals like these may help with testamentary incapacity issues.
- Doctors and mental health experts
- Those present at the execution of the will
- Close friends and family members of the decedent
Statements from the financial and legal professionals who served your loved one during their life can also add strength to your claims.
Healthcare records lend additional credibility
Documentation exists somewhere if your family member had an illness or condition affecting their mental capacity. Speak with the estate executor or a legal advocate about accessing the deceased’s medical and mental health records. The probate court may have already requested these records, but you may want a copy as well.
We recommend increasing your understanding of will contests and probate litigation proceedings in Ohio. Such knowledge gives you the best chance of asserting your claims successfully.