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jb156200, Attorney
Category: Estate Law
Satisfied Customers: 280
Experience:  I am a Probate Attorney practicing in Tampa, Florida.
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If the person contesting the will is mentally incompetent do

Customer Question

if the person contesting the will is mentally incompetent do they have a case?
Submitted: 11 months ago.
Category: Estate Law
Expert:  jb156200 replied 11 months ago.

Good Evening. My name is ***** ***** I am licensed attorney. If an individual has been declared incompetent through the courts, then a guardian would have been appointed on their behalf. The incompetent individual would not be able to challenge the validity of a Will them self. Only the court appointed representative may contest the Will on their behalf. Being declared incompetent does not remove the right to contest a Will; however the appropriate individual must bring the claim.

If the individual has not been declared incompetent by the courts, then legally they are considered to still be competent. An alternative to this rule is if two (2) independent physicians declare the individual incompetent.

I hope this helps clarify your situation. Please let me know if you have an additional question or need clarification. I greatly appreciate a positive rating and look forward to working with you.

Expert:  jb156200 replied 11 months ago.

If you need more information prior to rating my answer please let me know. I want to make sure all of your questions are appropriately answered.

Expert:  jb156200 replied 11 months ago.

It's been a few days and I wanted to follow up since I haven't heard from you. Is there any additional information you need or clarification of the information I've already provided? Please let me know and I will gladly answer your questions. Don't forget to rate my answer and I wish you the best with this matter. Thank you.