If a person wanted to commit suicide but wanted to be sure ... (see details)?

Question

If a person wanted to commit suicide, but wanted to make sure that their children were left to their spouse as well as any property etc., how long would they have to wait after signing a will etc.?

What I mean is, if someone committed suicide and they left behind a will, would the court find it invalid because they weren't in their right mind?

Sorry, asked in wrong section, meant to ask in law and ethics. Sorry!

Answer 1

There is no waiting period.
Once you have signed the will, and it has been witnessed, your witnesses can attest to the fact that you were of sound mind when you made out the will.

Having said that; if you are considering suicide, please e-mail me. Your kids need both parents, and the probablity of them choosing the same thing goes up astronomically.. Please don't choose a permanent solution to a temporary problem.

Answer 2

True, suicide by itself is not a mental illness. However, it is often considered evidence of possible mental illness. There is, of course, no set amount of time which must be waited. It is a question of creating sufficient evidence in the mind of a jury that the person was in fact of sound mind when they made the will.

More important, however, is the issue of the children. It may surprize you to learn that children are not property. You cannot leave children to people in your will. In the event of death, a spouse has an automatic right to full custody of any children in all 50 states, barring evidence of unfittness for parental duties, which evidence would be considered outside of any will the late spouse may or may not have left.

However, bear in mind that inheriting property through a will is very expensive (sometimes tens of thousands of dollars)since it involves hoards of lawyers, and must then go through probate court (the court must order the transfer of titles that the dead person can no longer do themselves). If a person were planning suicide, then it would make far more sense to simply give all of their property to the people whom they wanted to have it, before they died.

Answer 3

I agree with Jason W. You can also opt for a trust instead. One of the reasons for trust is that you can provide for the general welfare, education and medical benefits to your children. You can settle all of your property to a trustee and actually transfer the property to them. So it is really important to choose somebody you believe and also a man of honor. The trustee becomes the legal owner of the property and your children becomes the equitable owner and if necessary, they can enforce it by an order of the court. The trust must be in a prescribed form (though it's not really important because equity looks at the substance rather than the form) and you can set out the terms you want clearly. For instance, if you want to leave the deposits in your bank account to your children, then you should also state in the trust document how much should each child receives. Your intention matters, so does your mental health. If you really want to commit suicide, make sure the circumstances leading to your suicide and your method employed do not raise a presumption of unfitness of mind.Unfitness of mind can bar a legal person from creating a trust.

"I knew a man once who said, "Death smiles at us all. All a man can do is smile back." - Maximus Decimus Meridius

Answer 4

Committing suicide has nothing to do with mental health. A person that does this is selfish and doesn't care about anyone other than themselves, but it is not a mental illness.

A will is honored. But I hope the person that is intending to kill themself thinks about those that will have to live with the pain of losing them. If they don't then they are selfish. That is why suicide is considered a selfish act - as well as a mortal sin.

Answer 5

Give all you love all you can. Show em all you Love em. Even your enemys. then you have a good conscience when you make decisions.
To give it all is best, then you keep the powers that care little about you n e chance to ruin your wishes. Just remember that when you give, make sure it is out of LOVE, not revenge or wanting to place guilt on n e one. Thats the worst, we must show all that we Love inspite of any depression we may experience.
And remember no matter what n e one states, life can get to a point that you care less. Just remember that even though you may care less, others may still care. Don't leave Guilt Trips on n e one.

Answer 6

Most likely the will would be valid. Suicide is not by itself a mental illness.

Answer 7

IT COULD BE CONTESTED AS SUCH.
BUT THE COURT WILL USUALLY GO WITH THE PERSONS LAST WISHES AS DEFINED IN THE WILL" BEING OF SOUND MIND AND BODY."
AT THAT TIME AND DATE YES?

Answer 8

It goes into effect as so as it is notarized.