Proving Incapacity or Incompetence

Proving incapacity is usually easier than proving undue influence. To prove undue influence you must expose wrongdoing — which the wrongdoer has tried to conceal.

Proving or disproving capacity is complicated, however. There is a wide variety of diminished mental states, some of which do NOT render a person incapacitated or invalidate a will.

Evidence

A judge will make the determination as to incapacity or incompetence. Our lawyers will make the best case for your side of the dispute.

If medical evidence is available as to competence, this will be persuasive. The decedent may have been interviewed and asked questions such as:

• About how much money do you have?
• Who would benefit if you did not execute a will?

The decedent may have tried to appear more alert or oriented than he or she actually was. The signer of a will must be able to understand what is in the document, and its effects, at the time he or she signs it. Even though the person can make simple day-to-day living decisions, the person may not be capable of understanding his or her distribution of a complicated estate.

About Our Fees: We Want to Work for You

In addition to hourly fee structures, we can also consider handling cases on a contingency fee basis or another alternative fee arrangement. We want our services to work for you.

Friends and family can testify that the person was or was not behaving normally, recognizing people, or responding appropriately to questions. Our attorneys handle these matters constantly. It is not a sideline for us. We are very familiar with the evidence that will persuade a judge.

Discuss Your Case for Free | Proving Incapacity or Incompetence

Contact Us Today for a Free Initial Consultation

To discuss your estate dispute with an experienced Cleveland estate administration attorney, contact us today. We offer free initial consultations to understand the specific details surrounding your case.