Legal Question in Wills and Trusts in Arizona

My father was just married for 8 months and he died of cancer. A week before he expired (he was heavily sedated), he made his new wife beneficiary and she received all of his assets ($300,00.00). His adult children didn't get anything. Can you contest everything that he signed? What is the procedure?

Thanks,

Caroline Holloway


Asked on 1/11/10, 11:45 am

2 Answers from Attorneys

Joan Bundy Joan Bundy Law

Yes, you can contest it. However, you would have to prove that he was so heavily sedated that he was unable to be considered "of sound mind" or reasonably capable of making his own decisions. That will be the tough part. You would need to get information on what medication(s) he was on, what dosages, for how long, what that or those drugs supposedly do to you, possible negative interactions, what people observed about his mental functioning then as compared to "normal," etc. It's a lot of work.

Best of luck!

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Answered on 1/18/10, 12:07 pm
Michael Fuller Michael J. Fuller

You may have a claim to the money if you could show your father was not of sound mind or that the execution of the form was made as a result of undue influence. Did he have a prior beneficiary listed? What was your relationship with him? Is his actions consistent with his wishes in his will? There are many facts that need to be established before you can file a claim Please keep in mind you need to act quickly, as the money will be gone soon.

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Answered on 1/21/10, 2:38 pm


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