Lack of capacity and undue influence don’t prove themselves in Court, you need an expert witness to do that. Once you obtain medical records, you need a medical expert witness to review them and then give an opinion as to whether the decedent lacked capacity or was susceptible to undue influence at the time he or she signed a Will or Trust. Medical records themselves are (1) inadmissible hearsay in most cases, and (2) confusing and hard to understand. An expert witness cuts through both these problems to (hopefully) provide a clear, understandable opinion of the decedent’s mental condition.
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