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Will contest

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nickjames

Member
What is the name of your state? TX

I am involved in a will contest where both parties are pro se and would like some advice on how to obtain medical records. My wife and I were divorced several years ago and I have sole custody of the children. Her mother recently passed away and had a will that left everything to to my wife and her current husband. However, we have evidence that she did not have the mental capacity to make that will and that she was coerced by my wife's current husband. In fact, many years ago my mother in law drew up a will where she left some property to my children. Apparently she revoked this will under pressure and drew up another one. We have reason to believe that my mother in law was suffering from dementia at the time the second will was written and I would like to obtain her medical records. What procedural tools would I need in order to do this?
 


seniorjudge

Senior Member
nickjames said:
What is the name of your state? TX

I am involved in a will contest where both parties are pro se and would like some advice on how to obtain medical records. My wife and I were divorced several years ago and I have sole custody of the children. Her mother recently passed away and had a will that left everything to to my wife and her current husband. However, we have evidence that she did not have the mental capacity to make that will and that she was coerced by my wife's current husband. In fact, many years ago my mother in law drew up a will where she left some property to my children. Apparently she revoked this will under pressure and drew up another one. We have reason to believe that my mother in law was suffering from dementia at the time the second will was written and I would like to obtain her medical records. What procedural tools would I need in order to do this?
Q: What procedural tools would I need in order to do this?

A: Subpoena duces tecum.

www.window.state.tx.us/taxinfo/taxforms/50-219.pdf

Google

texas subpoena duces tecum form
 

Dandy Don

Senior Member
Do you know for a fact that she was under medical care with a particular physician or are you just assuming this? Any physician can tell you where to order medical records from but you will need an attorney's assistance to insure that proper guidelines are followed.
 

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