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Potential Evidence of Mental Incompetence and San Diego Probate

If you suspect that a will or trust fails to meet a loved one’s intentions because they suffered mental incompetence when the will was made or executed, it’s serious business. One of the first things you’ll want to do is contact a qualified Riverside probate attorney.

California probate litigation and will contests are tricky even for specialists in the field. You’ll want to be sure that your case has the best possible chances of success. Additionally, you also want to minimize the likelihood of anyone successfully filing suit against you.

There are a few things to do before talking to an attorney. First, determine your reason for believing the testator was not mentally competent when they made or signed the will. Bring any evidence you already have in your possession with you to the initial meeting.

Gather Physical Evidence Already in your Possession

Alerting the executor, the executor’s lawyer, or any of the other beneficiaries that you’re contemplating contesting the will or acquiring evidence that could be construed as underhanded, may jeopardize your case. Take your attorney’s advice before doing anything else.

Possible evidence demonstrating a lack of mental capacity includes:

  • Earlier versions of the will, especially if the distribution of assets was dramatically different.
  • Medical records.
  • Letters or other personal communications from the testator. Make sure these forms are from the time the testator executed the will.

The probate lawyers at The Grossman Law Firm serve clients in will contests, trust litigation, and probate services. If you’re a concerned beneficiary, call (866) 840-0000 for a free 30-minute consultation with one of our attorneys. To reach us online, use our quick contact form.

Also, request your FREE copy of Scott Grossman’s essential reading material for beneficiaries. Winning the Inheritance Battle, and The Insider’s Guide to California Probate and Trust Administration, may answer some of your questions. Additionally, the Grossman Law Firm also offers a free audio book along with the reading materials. Don’t hesitate to grab your copy today.

Scott Grossman

Scott Grossman


The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307

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