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medical records for contesting a probated will..

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G

garyntexas

Junior Member
Texas
My mother changed her will, giving my brother everything , during the last 30 days of her life. He admits to having long talks with her about her property and I suspect him of influencing her decision. .
I want to see her medical records for "sound mind" issues. She was quite confused at times and could not remember the names of her Grandkids. My brother is listed on the death certificate and refuses to allow my access to the records.
What is the best way to obtain the medical records and do I have a good case for contesting. It has been a year since the will was probated.
Thank you.
 


S

seniorjudge

Senior Member
garyntexas said:
Texas
My mother changed her will, giving my brother everything , during the last 30 days of her life. He admits to having long talks with her about her property and I suspect him of influencing her decision. .
I want to see her medical records for "sound mind" issues. She was quite confused at times and could not remember the names of her Grandkids. My brother is listed on the death certificate and refuses to allow my access to the records.
What is the best way to obtain the medical records and do I have a good case for contesting. It has been a year since the will was probated.
Thank you.
Click to expand...
You may have waited too long. Most states have very short periods of time in which to contest wills and since you state that you waited a year after the will was probated, the statute of limitations may have run.

In any event, consult with a probate attorney. If you do have a good case, you can get the medical records by discovery after you file the lawsuit.
 
D

Dandy Don

Senior Member
Did she use an attorney to help her draft her original will? If she did and if you know who that attorney is, it will help your case considerably.

Do you know where the original will is?

DANDY DON IN OKLAHOMA ([email protected])
 
G

garyntexas

Junior Member
seniorjudge said:
You may have waited too long. Most states have very short periods of time in which to contest wills and since you state that you waited a year after the will was probated, the statute of limitations may have run.

In any event, consult with a probate attorney. If you do have a good case, you can get the medical records by discovery after you file the lawsuit.
Click to expand...
Senior Judge,
I believe Texas allows 2 years to contest a will. My brother has recently confessed to these "long talks" and I had trusted him till this revelation. I believe it might be bothering him.
I hope to study the medical records before deciding to take legal action. Is it possible to obtain the records without filing suit.
Thank you,
Gary
 
G

garyntexas

Junior Member
Dandy Don said:
Did she use an attorney to help her draft her original will? If she did and if you know who that attorney is, it will help your case considerably.

Do you know where the original will is?

DANDY DON IN OKLAHOMA ([email protected])
Click to expand...
Dandy Don,
My mother did use an attorney and I talked with her, but she claims to not remember her.
I only have a "copy" of the original.
Thank you,
Gary
 
G

garyntexas

Junior Member
2 years to contest will in Texas ?

Senior Judge,
I believe Texas allows 2 years to contest a will. My brother has recently confessed to these "long talks" and I had trusted him till this revelation. I believe it might be bothering him.
I hope to study the medical records before deciding to take legal action. Is it possible to obtain the records without filing suit.
Thank you,
Gary
 
D

Dandy Don

Senior Member
Your are not likely to get the records without filing suit. You should also talking to her doctors to see if any type of evaluation was ever done about her mental state.

Talk to the witnesses to the will also to see if they could testify as to whether he may have coerced her against her will.
 
G

garyntexas

Junior Member
Texas allows 2 years to contest a will?

seniorjudge said:
You may have waited too long. Most states have very short periods of time in which to contest wills and since you state that you waited a year after the will was probated, the statute of limitations may have run.

In any event, consult with a probate attorney. If you do have a good case, you can get the medical records by discovery after you file the lawsuit.
Click to expand...
Senior Judge,
I believe Texas allows 2 years to contest a will. My brother has recently confessed to these "long talks" and I had trusted him till this revelation. I believe it might be bothering him.
I hope to study the medical records before deciding to take legal action. Is it possible to obtain the records without filing suit.
Thank you,
Gary
 
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