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Dad's wife

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Tina Koonce

Junior Member
What is the name of your state (only U.S. law)? Louisiana/Texas

Okay here is the problem. My dad divorced my mother after having an affair with a much younger woman (20 year difference) and married her here in Louisiana. I think they were married for about 10 years or so. They have been separated for three years now. They did not have any children together. They both live in Texas. They both now live separate lives and have live in companions.

Dad just got diagnoised with kidney cancer and has also spread to the lungs. We are waiting on more test results to come in to see how far it is and what can be done.

We got very concerned when we found out that they may not yet be divorced. This woman loves money and things that belong to other prople. I took things out of her house that my mother used when I was growing up. I know, maybe I was wrong for doing this but I couldnt help myself and she never noticed it being missing. So I think she did it out of spit.
She used to love to tell us how she broke my parents up. She is just a very spitfull person.
So my sister and I called her and asked her if her and our dad were divorced and of course the answer was "NO". And now that she knows about dad she wont give him one. She also asked him today if he had an life insurance policy. So now that she knows he has one she will fight the divorce if she receives papers.

My dad has made a request about not letting his "wife" have a thing. Dad really doesnt have much. She took most of it when she left. All he has is his TV (which no longer works) and an entertainment center. Most of it is things that have been past down from one generation to the next. He also has a life insurance policy what will be just enough to bury him and pay off any debts that he may have afterwards. And we may have to foot some too. The life insurance policy has my sister as beneficiary. So Im hoping that this is correct.

We (my sister and I) have been to an attorney to have his will drawn up and get durable power of attorney and a living will. All this done in the state of Texas. He was thrilled when he found out what we were doing. All he has to do is sign the papers and we will be done with it all.

In the will we have the "wife" as being disinherited. The attorney said we could do this. And she cannot touch a thing.
There are four children of his marriage with my mother. So we are all that he had (that we know about ;) ). My sister and I know what his wishes are and we will go by what he wants. My sister and I are executors of his will.

We really dont want him to get a divorce and marry this other woman (who is a very bad alcoholic and possibly a drug addict). If he would divorce his "wife" then that would leave him open to marry again and we would have to start all over in all this. She isnt trusting enough to go the right thing.

My mom says that in the state of Louisiana that if a man marries a woman that he had an affair with that she (my mom) can have the marriage annulled. Is this true?

Sorry for the long post. But I wanted to get in as much information that I could.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Louisiana/Texas

Okay here is the problem. My dad divorced my mother after having an affair with a much younger woman (20 year difference) and married her here in Louisiana. I think they were married for about 10 years or so. They have been separated for three years now. They did not have any children together. They both live in Texas. They both now live separate lives and have live in companions.

Dad just got diagnoised with kidney cancer and has also spread to the lungs. We are waiting on more test results to come in to see how far it is and what can be done.

We got very concerned when we found out that they may not yet be divorced. This woman loves money and things that belong to other prople. I took things out of her house that my mother used when I was growing up. I know, maybe I was wrong for doing this but I couldnt help myself and she never noticed it being missing. So I think she did it out of spit.
She used to love to tell us how she broke my parents up. She is just a very spitfull person.
So my sister and I called her and asked her if her and our dad were divorced and of course the answer was "NO". And now that she knows about dad she wont give him one. She also asked him today if he had an life insurance policy. So now that she knows he has one she will fight the divorce if she receives papers.

My dad has made a request about not letting his "wife" have a thing. Dad really doesnt have much. She took most of it when she left. All he has is his TV (which no longer works) and an entertainment center. Most of it is things that have been past down from one generation to the next. He also has a life insurance policy what will be just enough to bury him and pay off any debts that he may have afterwards. And we may have to foot some too. The life insurance policy has my sister as beneficiary. So Im hoping that this is correct.

We (my sister and I) have been to an attorney to have his will drawn up and get durable power of attorney and a living will. All this done in the state of Texas. He was thrilled when he found out what we were doing. All he has to do is sign the papers and we will be done with it all.

In the will we have the "wife" as being disinherited. The attorney said we could do this. And she cannot touch a thing.
There are four children of his marriage with my mother. So we are all that he had (that we know about ;) ). My sister and I know what his wishes are and we will go by what he wants. My sister and I are executors of his will.

We really dont want him to get a divorce and marry this other woman (who is a very bad alcoholic and possibly a drug addict). If he would divorce his "wife" then that would leave him open to marry again and we would have to start all over in all this. She isnt trusting enough to go the right thing.

My mom says that in the state of Louisiana that if a man marries a woman that he had an affair with that she (my mom) can have the marriage annulled. Is this true?

Sorry for the long post. But I wanted to get in as much information that I could.
I think that you are overworrying about the situation.

If your sister is the beneficiary of his life insurance policy his wife is SOL as far as that is concerned.

As far as his personal possessions are concerned a will is fine, but he can also give them away before he dies, and again his wife would be SOL.

The biggest is his Power of Attorney, and that should be given to someone he trusts, so that his wife cannot control what happens to him when his health eventually declines and he cannot make decisions for himself.
 

Ohiogal

Queen Bee
Ask the attorney about the wife being able to take against the will her intestate share. It is difficult to disinherit a spouse. You normally cannot.

Why doesn't he just file for divorce?
 

mistoffolees

Senior Member
Ask the attorney about the wife being able to take against the will her intestate share. It is difficult to disinherit a spouse. You normally cannot.

Why doesn't he just file for divorce?

I agree that if they want to keep her from getting the money, he'll have to file for divorce. That way, she'll only get half (of the marital portion). :eek:

They answered your question about divorce - the kids are apparently afraid the old man will run out and marry someone else. Sounds to me like they're more worried about their own inheritance than their father. If he wants to protect their inheritance by divorcing his wife, that's his choice. But if he later meets someone and falls in love and decides to marry her, I don't see how the kids should be opposed to it. It's HIS money, not theirs.

Now, if he's mentally incompetent, that's another story and they can stop him from marrying. But, then, if he's mentally incompetent, his new will will be invalid and his wife will get everything, so I suspect they don't want to go down that path.
 

Ohiogal

Queen Bee
I agree that if they want to keep her from getting the money, he'll have to file for divorce. That way, she'll only get half (of the marital portion). :eek:

They answered your question about divorce - the kids are apparently afraid the old man will run out and marry someone else. Sounds to me like they're more worried about their own inheritance than their father. If he wants to protect their inheritance by divorcing his wife, that's his choice. But if he later meets someone and falls in love and decides to marry her, I don't see how the kids should be opposed to it. It's HIS money, not theirs.

Now, if he's mentally incompetent, that's another story and they can stop him from marrying. But, then, if he's mentally incompetent, his new will will be invalid and his wife will get everything, so I suspect they don't want to go down that path.
Why do you say the bolded? If he has no will (the new one is invalid) then there would be intestate succession in charge. The new wife would NOT get everything.
 

Zigner

Senior Member, Non-Attorney
Furthermore, I can see a will contest if it can be proved that the father had NO hand in actually preparing the will...
 

mistoffolees

Senior Member
Why do you say the bolded? If he has no will (the new one is invalid) then there would be intestate succession in charge. The new wife would NOT get everything.
Yes, you're correct - it all depends on how everything is set up.

Let's just say that the wife is likely to get a lot if the will is invalidated.
 

nextwife

Senior Member
And, how his assets are titled and held, and what beneficiaries are named, may make a huge difference in WHAT assets are even subject to the will or to probate.
 

Tina Koonce

Junior Member
I think that you are overworrying about the situation.

If your sister is the beneficiary of his life insurance policy his wife is SOL as far as that is concerned.

As far as his personal possessions are concerned a will is fine, but he can also give them away before he dies, and again his wife would be SOL.

The biggest is his Power of Attorney, and that should be given to someone he trusts, so that his wife cannot control what happens to him when his health eventually declines and he cannot make decisions for himself.
We probably are over worring about the situation. But our dad is very worried too. He's the one that brought all this up to us. And we just wanted to do something to ease his mind. He has enough to worry about. We talked to him before we put any paper into motion. We went to the lawyer our selves so he didnt have to get out of his house. He is very weak, but very sound minded.

My sister and I both have durable power of attorney. When he was in the hospital he put both my sister and I to make the decisions about this health if he couldn't make it himself.
He also has a living will now, which also names us.

Did i mention that my dads life insurance policy is just enough to pay for a funeral and medical bills? He doesnt have much as far as assets, he has nothing in his checking account, a vehicle that is not paid for. Nothing. My sister and i just paid for his meds when he got out of the hospital. He wasnt going to get them because he has nothing to buy them with. Oh and also what my dads insurance doesnt pay we are having all bills forwarded to us so he doesnt have to worry about them. My apologies, if I sounded as if we are getting such a big inheritance from the old man. We were just wanting to do what our dad wanted. He'll soon be moving in with one of us soon anyway and hopefully he'll be around longer then he is expecting.
 

Tina Koonce

Junior Member
Is dad receiving any pensions? Did he work for the federal government? Military service?
No, dad has nothing like that. He is only 59 years old and all he has ever done was some kind of maintenance. Right now he is a maintenance supervisior for a little appartment complex in Texas. He's only been working there for about six months.
 

LdiJ

Senior Member
We probably are over worring about the situation. But our dad is very worried too. He's the one that brought all this up to us. And we just wanted to do something to ease his mind. He has enough to worry about. We talked to him before we put any paper into motion. We went to the lawyer our selves so he didnt have to get out of his house. He is very weak, but very sound minded.

My sister and I both have durable power of attorney. When he was in the hospital he put both my sister and I to make the decisions about this health if he couldn't make it himself.
He also has a living will now, which also names us.

Did i mention that my dads life insurance policy is just enough to pay for a funeral and medical bills? He doesnt have much as far as assets, he has nothing in his checking account, a vehicle that is not paid for. Nothing. My sister and i just paid for his meds when he got out of the hospital. He wasnt going to get them because he has nothing to buy them with. Oh and also what my dads insurance doesnt pay we are having all bills forwarded to us so he doesnt have to worry about them. My apologies, if I sounded as if we are getting such a big inheritance from the old man. We were just wanting to do what our dad wanted. He'll soon be moving in with one of us soon anyway and hopefully he'll be around longer then he is expecting.
No, I understood from the get go that your dad really didn't have anything other than a modest life insurance policy. Again, as I said, if your sister is the beneficiary of that, his wife is SOL as far as that is concerned.

The only thing that would be a question is his other assets, and you made it clear that those were extremely modest in your first post. If there are sentimental family possessions your dad should really gift them to you and your sister now, so as to eliminate them from the equation.
 

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