Hello I have a question about an adult child that recently committed suicide. He set up a will in the state of Nevada (Las Vegas) to leave all his asset that I gave to him FOR HIS OWN RETIREMENT, instead he gave it to charity. The charity is located in San Francisco and the asset was in Vanguard & T.RowePrice mutual funds as well as personal bank account. When he took his life, he sent an email to the charity informing them of the beneficary status under the will and Transfer-on-Death plans. The mutual funds say they have a Transfer on Death policy that collects the money automatically, there’s nothing I can do. However the money in the bank account is covered by the will only.
We are interested in contesting the will on the following 2 grounds.
1. The will is set up in the state of Nevada, but the death occurred in foreign country(Mexico).
2. The will is signed by 2 witnesses asserting the testator is of sound mind. The will is dated Jan 31th. But we are in possession of text messages sent to a friend on Jan 28th provnig he was NOT of sound mind at the time he set up the will, here are some examples.
>>SISTER KETTY, I’M SORRY THAT GOD FOUND ME SO DISGUSTING THAT HE TOLD ME TO KILL MYSELF, AND I STILL HAVE NOT DONE IT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
>>SISTER KETTY, I AM ALSO LUSTFUL, LAZY, GLUTTUNOUS, IMPATIENT, DISOBEDIENT TO PARENTS, MONEY LOVING, AND MARRIED TO THE WHORE OF BABYLON. BUT I AM NOT SORRY FOR THOSE THINGS. INSTEAD I KEEP DOING THEM EVERY SINGLE DAY OF MY DISGUSTING LITTLE LIFE
>>LYING, LYING, LYING, LUSTING, LUSTING, LUSTING, COVETING, COVETING, COVETING, IDOLIZING, IDOLIZING, IDOLIZING. I ONLY TAKE A BREAK FROM ONE SIN (LIKE YOU ADVISED) SO I CAN SIN IN ANOTHER WAY.
>>WHY WOULD ANYONE BE SAD WHEN I DIE???? WHY??? WHY? WHY????? WHY???????? WHY?? WHY? WHY???? WHY????????
This shows he was suffering from some kind of paranoid schizophrenic(not diagnosed).
How can we introduce this evidence to a court and recover the money from BOTH the bank account and mutual funds, for our 2 remaining children? Thank you for your help.