Can I Contest a Will if the Person Who Died Had a Brain Injury?

Probate Lawyer Phoenix, AZ

Can I Contest a Will if the Person Who Died Had a Brain Injury?Depending on the severity of a brain injury, a person’s ability to cognitively function in a normal way can vary. There is a multitude of layers at play for family members of a loved one living with a brain injury who has passed away. You may be wondering if the will can be contested, especially if they had a brain injury at the time the will was created. In the event that the injury was the result of a personal injury settlement, there may be a significant award disbursed to beneficiaries depending on how it is outlined in the will. When faced with the death of a loved one, especially with such complicated circumstances, it’s only natural to have a number of questions.

What are some of the most common personal injury claims resulting in a brain injury?

Brain injuries are one of the prevalent types of injuries that occur in personal injury claims. A brain injury may range from mild to severe, and in some cases, may even result in death. Brain injuries can take on a variety of form, such as:

  • Concussions
  • Contusions
  • Diffuse Axonal
  • Penetration
  • Hypoxic

If the liable party is found negligent for not upholding their duty of care, the victim may be entitled to compensation for the damages they have suffered. Some of the most common personal injury claims resulting in brain injuries include:

  • Slip and Falls
  • Car Accidents
  • Assault
  • Workplace Injuries
  • Medical Malpractice

Although some lucky brain injury sufferers can be expected to make a full recovery, more serious brain injuries can seriously impact a person’s cognitive functioning.

How might a personal injury settlement by written into a will?

This varies depending on how your loved one has chosen to invest, spend, or save the settlement they obtained. As a result, the settlement may be written into the will in a number of ways. Your loved one may have chosen to purchase a home with a portion of the money, start an investment account, purchase valuables or simply deposit it into a bank account. Depending on how the money was utilized will play a huge role in how it is addressed in the will. If the money is in a bank account, the money may be disbursed to the named beneficiary. If your loved one named a beneficiary and filled out paperwork to ensure it is an account payable on death, the funds in the account may quickly be ascertained by the beneficiary.

Is it difficult to contest the validity of a will?

If you are considering contesting a will, you will certainly need the assistance of a probate lawyer. It will be important to have evidence that supports the validity of your claim. A will may be contested for the following reasons:

  • The will was not signed by the testator before witnesses
  • The testator was coerced, forced, or unknowingly signed a will
  • The testator did not have the capacity to sign the will. It will be important to review with a Phoenix, AZ attorney the details surrounding this as there are specific guidelines that provide support in determining if a person is capable of signing their own will.

If a person is incapacitated and unable to sign their own will, power of attorney may be appointed to a trusted individual who may make such decisions for your loved one. If the testator is too incapacitated to name power of attorney, a conservator may be assigned to make financial and legal decisions.

Enduring the probate process alone can be incredibly challenging, especially when questions come up surrounding the validity of a will. It may be in your best interest to contact a probate lawyer Phoenix, AZ clients respect for guidance.