Legal Question in Wills and Trusts in Arizona

not in sound mind?

my brother passed away 4/08 with liver failure and kidney failure, his will was changed in 3/08, by a friend. The lawyer never talked to my brother, lawyer was aware of his declaing health. Yes my brother signed it, was sent to my home in colorado(he lived in az) the change was he wanted to donate to two national charities. I know that he wanted this but it was put in as 10% and 10%--which is forcing my sister and i to sell his house to pay them(had no life ins)--was this legal for the attorney to do? anything i can do besides contest the will?I.E. contact charities--would seem easy for me to contest--he was in the hosp 4 times in a 5 month period-on lots of pain meds-and mental confusion is one of the main effects of cirrhosis--plase help this has caused a seperation with my sister


Asked on 7/16/08, 3:47 pm

1 Answer from Attorneys
Brian Blum Blum Law Office, PLC

Re: not in sound mind?

You cannot just *say* that he was not of sound mind because you think you can prove it. It has to be true. You admit that you "know that he wanted this." That sounds like a sound mind to me. I can't really give you an opinion on this one without knowing all of the facts and seeing the documents.

You could talk to the charities and ask them to waive their gifts, but I doubt they will.

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Answered on 7/22/08, 2:45 pm


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