Fill and Sign the Mental Incompetence Form

IN THE ___________________ COURT OF __________________________ (County), __________________________________________ (State) In the Matter of the Will and Estate of __________________________________ (Deceased) Cause No. ____________ Petition Contesting Probate of Will COMES NOW ____________________________________________ , Petitioner, by and through his attorneys, and files this his Petition Contesting the Probate of the purported Last Will of Testament of __________________________________________ (Deceased), and in support thereof would show unto the Court the following matters and facts: 1. Plaintiff _____________________________________ is an adult resident citizen of _____________________________________________________________________ (city, county, state) , and is a son of __________________________________________ (Deceased) , whose will has been admitted to probate in this Cause. 2. _____________________________________________, deceased, died on ________________________ (date) , leaving certain devisees and legatees, including Petitioner, whose names and relationships are set forth in an instrument attached as Exhibit A, and incorporated herein by reference. 3. On ____________________________ (date) , an instrument dated was admitted to probate by the ___________________________________________ (Name of Court) Court of __________________________________ (County), _________________________________________ (State) , and letters testamentary were issued by the Court to Respondent, ___________________________________________ (Petitioner), who then qualified as Executor of the Estate of _______________________ __________________________ , deceased. A copy of the instrument admitted to probate is attached as Exhibit B, and incorporated herein by reference. 4. Respondent is a legatee and devisee in the instrument attached as Exhibit B. 5. Petitioner is informed and believes and on such information and belief alleges that the described instrument is not the last will and testament of the Decedent for the reason that at the time the Decedent executed the instrument, the Decedent was not of sound and disposing mind. 6. Petitioner is informed and believes and on such information and belief alleges that the instrument is not the last will and testament of the Decedent for the reason that the Decedent did not execute the instrument in the manner and form required by the law of _______________________________________ (State) . 7. Petitioner is informed and believes and on such information and belief alleges that the instrument is not the last will and testament of the Decedent in that at the time of the alleged execution of the instrument, the Decedent was under the undue influence of Respondent, . 8. Petitioner is informed and believes and on such information and belief alleges that the instrument is not the last will and testament of the Decedent for the reason that the Decedent revoked the instrument by a subsequent testamentary disposition. WHEREFORE, Petitioner requests that: 1. The Order granting probate of the described instrument of _______________________________________________ , deceased, be set aside and revoked; 2. Petitioner be awarded costs; and 3. Petitioner be granted such other and further relief as the court deems just and proper. Respectfully submitted, ____________________________________ PETITIONER By: _____________________ Attorney State Bar No. ______ His Attorneys OF COUNSEL: _________________________________________ (Attorney) Post Office Box ______-_________ City, State, Zip Code _____________________________________________________ Telephone: _____-_____-_________ STATE OF ___________________________________________ COUNTY OF ________________________ Personally appeared before me, the undersigned authority in and for the jurisdiction aforesaid, the within-named _______________________________________ (Petitioner) , who, being by me first duly sworn according to law, states on oath that the allegations of the above and foregoing Petition are true and correct as therein stated and set forth. __________________________________ Petitioner SWORN TO AND SUBSCRIBED BEFORE ME on this the ____ day of __________________________________, 20___. __________________________________ Notary Public My Commission Expires _____________________ Certificate of Service This is to certify that I, _____________________________________________ (Attorney), have this date served a true and correct copy of the above and foregoing Petition Contesting Probate of Will by U.S. Mail, postage fully prepaid, to the following counsel of record for Respondent: ______________________________________________________ (Name of Attorney) Post Office Box _________ City, State, Zip Code ______________________________________________________ This the ____ day of _______________, 20___. Respectfully Submitted, ____________________________________ Petitioner