Mother signed deed to her home over to her boyfriend one week before she passed away from brain cancer Was mentally incapable Where do I begin if I want to contest this?

Answer 1

If you believe a person was mentally incompetent when they drafted their will, you can contest the will showing that at the time the will was created, they lacked sufficient mental capacity. This also applies to your situation as you would need to argue that she was competent when she drafted the will and signed the house to you and mentally incompetent when she signed it over to her boyfriend. The person contesting the will must show evidence that a mental abnormality actually affected this decision, making the distribution different from what would have occurred otherwise. If sufficient evidence is shown to prove the individual's abnormal mental state altered the will, then the will be found invalid. That being said, the more evidence you have of her inability to make proper decisions near the end of her life, the stronger your case will be. You will be working with the courts on this issue, with a ultimately deciding.