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I have medical transcripts from hospital, did i need to get a affadavit with them and do i submit to court before mediation

Duncanville, TX |

mediation is set and i am contesting the will as fraud as parent had severe dementia when said will was done by the others,grandkids. do i need to have those several sets of papers be with a affadavit from the hospital in order to be submitted to the court for mediation

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Attorney answers 3

Posted

i am impressed that you have gotten this far without an attorney. While you may not need the affidavit for mediation, you would need them for the evidence to be admissible at trial.

Kendall Cockrell is an attorney with The Cockrell Law Firm in Beaumont, Texas. None of the opinions he states on this site constitute an attorney-client relationship. For more information, contact The Cockrell Law Firm. Contact information available on Kendall Cockrell's profile on this site.

Posted

Adding to Mr. Cockrell's answer, if you are going to court, you probably aren't mediating. That sounds like trial. If you don't have an attorney for the trial of a will contest, you are in trouble.

There is no legal relationship created or implied by the exchange of message on this website. All statements are not to be construed as legal advice but as general guidance. In all cases, an attorney should be retained to review the full circumstances and deliver advice consistent with the information learned.

Dorothea Elaine Laster

Dorothea Elaine Laster

Posted

I guess you already know to look for a Probate Attorney. Many offer free consultations.

Posted

What you need is a lawyer.

In order for the documents to be admissible, there should be a Business Records Affidavit. You need to file and serve that according to the rules.

This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.

Dorothea Elaine Laster

Dorothea Elaine Laster

Posted

Look at Texas Rules of Evidence Rule 902 about how to authenticate business records so they are not subject to a hearsay objection. The affidavit can be taken verbatim out of that rule.

Dorothea Elaine Laster

Dorothea Elaine Laster

Posted

Note they have to be on a file with the Court a minimum of 14 days prior to hearing.

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