Will Contest Resolved After Questions About Mental Capacity
Overview
A family contacted The Borger Law Firm PLLC after a recently signed will changed how a parent’s estate would be divided among the children. One beneficiary believed the deceased lacked the mental capacity to understand the document at the time it was signed, while another insisted the will reflected their parent’s final wishes. Probate could not move forward until the dispute was resolved.
The Dispute
A parent’s will, signed in the final months of life, significantly changed how the estate would be divided. One beneficiary pointed to documented medical conditions, cognitive decline, and a pattern of confusion in the period leading up to the signing as evidence that the deceased did not have the mental capacity to understand what they were signing. Another beneficiary maintained that the will was valid and accurately reflected the parent’s final wishes. With the family divided and no agreement in sight, the probate court could not move forward until the dispute was formally resolved.
Legal Strategy
David Borger reviewed the probate filings and the contested will in full detail. He obtained and analyzed the deceased’s medical records from the months surrounding the signing, looking for documented evidence of cognitive decline, diagnoses, and physician notes relevant to testamentary capacity. He identified and spoke with witnesses who had contact with the deceased during that period, including individuals present at or near the time the will was executed. He also examined the circumstances of the signing itself, including who arranged for the attorney, who was present, and whether standard procedures were followed. Based on the evidence gathered, he developed a legal position that gave the client a clear path forward and a strong foundation for negotiation or litigation if needed.
Result
Before the matter reached trial, the parties reached a negotiated agreement that resolved the capacity dispute and allowed the probate process to move forward. The settlement reflected a fair outcome for the client and avoided the time, cost, and emotional toll of a contested courtroom proceeding. The estate was subsequently administered and assets were distributed in accordance with the agreed resolution.
David Borger helped us resolve a will dispute without ever going to trial. Clear, honest, and always prepared.