Q: Do I have to provide medical records to contest a will for Undue Influence and lack of testamentary capacity?
My grandmother passed in September of 2023. My aunt has attempted to get heirs to sign a quit claim deed of affidavit of heirship because the original will attorney left something out exempting heirs on the will when it was signed and notarized. The attorney who originally did this will is now debarred. I do not believe the will is valid and was truly attempted to be left the way it was by my grandmother as she was in hospice while this was made and signed. She was not in her right mind, incoherent during some of the time, and very ill couldnt even hold a pen. I am attempting to contest the will as their is an open probate case for ESTATE - PETITION FOR MUNIMENT OF TITLE ONLY. I would like to know what all I need to prove documentation wise when filing a complaint on this case to contest the will as i don't have an attorney. I would like the court to know my grandmother was on hospice when this was made. Is a written complaint enough to attach to the case when i efile?
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A:
I hate to be the bearer of bad news, but this is not a do-it-yourself project. There is no quick and easy "form" or technique that I can point you to that you can fill out and file and do yourself. You are going to need to hire a probate litigation attorney to contest the will. Also do brace yourself for some considerable expense.
Sometimes there just aren't easy and cheap solutions to real problems. This is one of those unfortunate situations. I wish I had better news for you.
Anthony M. Avery agrees with this answer
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