Are medical records the black hole of undue influence probate Florida cases?

Probate litigators Florida know that will contests and undue influence cases often turn a lot on medical evidence.  What did themedical records say about the person who signed the will or revocable trust amendmentchanging his or her Palm Beach estate plan?  What do the medical records say about someone’s mental state & mental health, cognitive ability, and the ability to evaluate, consider, comprehend and understand? Can you get the medical records into evidence at your probate trial?  Do the medical records hurt your case or help it?  But, medical records can be a black hole of sorts if you are not careful in your will challenge Boca Raton.  Why? Well, don’t get lost in them, and know where you are going with them.  Do you really understand the medical records, or does your probate litigation law firm understand how the medical records fit in with your estate lawsuit over the will?   Don’t be confused, if you are trying to understandthem.   Part of your job, or at least the job of your estate lawyer Florida, is to make medical records understanable to others, including the judge or jury. 

What’s the difference or connection between an undue influence will contest and setting aside the will based on no mental capacity?

• Can you undue influence someone, or “unduly influence” someone who does not have their mental capacity?
• Why do some probate lawyers Florida distinguish, or suggest, that there is a difference between testamentary capacity and mental capacity.
• Many trust lawyers Florida know that having the ability to understand what you are signing in a trust document, or  a will condicil, is different than knowing, for example, how to run your business affairs.
• Is it posssible to be able to understand that you are making a will with your probate attorney West Palm Beach, but NOT be able to manage your financial affairs?
• Someone with their mental capacity, although perhaps a diminished, or lessened, ordecreased, mental capacity, may be susceptible to undue influence.
• After all, if undue influence is some force or pursuasion that is improper or over-reaching, isn’t the person who is the victim of undue influence Florida supposed to becapable of understanding that he or she is being coerced or forced to do something likechange their will or the title to a Palm Beach Gardens joint bank account?
• If I force you to take someone’s name off of a Florida bank account, and you do that, don’t you have to be capable, or able, of being in fear of me?  Don’t you have to have the ability to understand that I am forcing you to change the bank account? This is an important part of the allegation that a will or Florida trust was improperly changed by undue influence
• When probate lawyers Florida bring a will contest or challenge a will in probate court Delray Beach, why do most petitions for revocation of probate have two counts; one forundue influence to set aside the will or make the will void claiming that someone forced the person to make the will; and another count making the claim that the will is not valid because the person who signed the will did not know what they were doing?
• Do you really understand how medical records like doctors reports, nurses notes, hospital admission reports, and nurses assistants notes and charts can affect an undue influence case Florida, versus a case where the will or trust is not valid because the person who made the will or trust did NOT understand what she or he was doing?

Nebraska Supreme Court Case on Undue Influence

• Here is a recent, December 11, 2015 undue influence case involving an estate from the Nebraska Supreme Court:  https://supremecourt.nebraska.gov/sc/opinions/2015-12-11.
• This recent undue influence case is called The Estate of Clinger and the link above will take you to the page where you can retrieve a .pdf of the supreme court will contest opinion.
• This undue influence will challenge lawsuit may shed more light and provide insight into understanding undue influence cases
• The bottom line on the medical records is that your estate litigation law firm West Palm Beach needs to know how to get the medical records, how to review them and evaluate them, and then how to use, or perhaps, not use, them at the inheritance lawsuit trial Boynton Beach

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