Weierman v. Mardis

Hildebrandt, Presiding Judge.

The issues in this will-contest action are twofold and concern discovery orders issued by the probate court. Our review focuses on two questions: (1) Did the probate court err by ruling that the testator’s treating physicians and the contestor’s experts could review the testator’s medical records for purposes of testifying at trial? and (2) Did the court err by ruling that the contestor could depose an attorney concerning his representation of the guardian and successor guardian of the testator’s estate prior to the testator’s death? For the reasons that follow,…