Legal Question in Wills and Trusts in Pennsylvania

is a will valid if someone dies of a drug or alchol related death


Asked on 4/09/12, 2:53 pm

3 Answers from Attorneys

Solomon Weinstein Solomon Weinstein, Esquire

question is much to vague more facts neded.

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Answered on 4/09/12, 2:54 pm
Miriam Jacobson Retired from practice of law

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.

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Answered on 4/09/12, 7:14 pm

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.

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Answered on 4/09/12, 8:43 pm


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