Legal Question in Wills and Trusts in Pennsylvania
is a will valid if someone dies of a drug or alchol related death
3 Answers from Attorneys
question is much to vague more facts neded.
If the person was mentally competent at the time the will was signed, the will is valid. Of course, for it to be probated, it also has to have been signed, witnessed, and notarized in a way and with certain formalities that it is advisable to have a lawyer supervise the signing.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
The manner of a person's death has no bearing or relevancy on the validity of the will of the person who made it. If the person was mentally competent at the time that they made the will (and the threshold is fairly low for this) and the will was witnessed by 2 people who are not beneficiaries under the will, then its generally valid.
However, if someone else made a will leaving money or property to a beneficiary on the condition that the beneficiary not be on drugs or alcohol and the beneficiary dies after the testator (the person making the will) of some drug or alcohol related overdose, then in that situation the will provision might be upheld. But it depends on the will and the facts.
Try re-posting with more details or take the will to a probate attorney and pay the attorney to review it for you.