FlaBeachGal
Junior Member
What is the name of your state? Florida
FIL is a widower for two years. Six weeks ago, he married a woman he'd known for about two months. He never mentioned the woman to his children until the night before the wedding. He did call his attorney who advised him against marrying her w/o a prenup. The wedding took place the following morning at the courthouse as soon as it opened. Neither had drawn up a prenup.
Immediately after the wedding, New Wife took FIL to his bank to sign a form listing her on his checking account and applying for a Visa card that he would be responsible for paying. The next day, she left the state to "sell her business" in Michigan. FIL "thinks" the marriage was consumated.
To his two children, he claims she "has assets worth $500,000 because she showed me a paper listing them." In truth, all my husband and his sister know (because a friendly neighbor did some investigating) is that this woman is living in a trailer owned by a 90 yo gentleman, currently in a long-term rehab hospital from surgery for a broken hip, and has had herself named as sole administrator on a blind trust holding all the gentleman's assets. She is 78 yo and apparently has children somewhere although no one knows anything about them.
By the Tuesday following the wedding, FIL admitted he'd made a mistake. My husband and his sister took him to his long-time attorney where he willingly signed a DPOA and a healthcare surrogacy to his children. By Wednesday, he had initiated dissolution of marriage paperwork with a second attorney. New Wife was still in Michigan (where she has remained ever since).
To date, FIL has not seen the wife again but has been in phone contact with her. In the six weeks of the marriage, they have spent one night together. My husband has spoken to her, and she plainly intends to remain married but apparently doesn't even have the resources for a plane ticket back to Florida w/o FIL paying for it.
His assets: Waterfront home with current value of $1.3 million, $300,000 in cash and securities all held in a revocable living trust of which he is sole trustee, naming his children as joint successor trustees on his death.
His health: Fairly good for age but needs continuing care for respiratory problems, diabetes, and abdominal aneurysm. He refuses to undergo a thorough neurological checkup.
His mental status: Labile. At times, unstable bordering on delusional with violent tendencies. He is dissembling but it appears that he fully intends to stay in his home married to New Wife whom he thinks is "going to take care of me." He has been overheard telling her on the phone not to sign any divorce papers. He is in possession of a loaded handgun and an illegal semi-automatic rifle which he has threatened (to my husband) to use against anyone who thwarts his wishes; no one other than his children know about these threats. He is incapable of caring for himself and living independently (doesn't pay bills or open mail, maintain house, etc.) but refuses to move to an ALF. At this point, he sees his children as enemies. My husband is living with him and intends to stay until the divorce is final, but at this point the stress is overwhelming.
Legal status: Divorce attorney who was provided Fla. and Michigan addresses has not yet served New Wife with papers, has not yet initiated background and credit checks on New Wife requested by children.
Questions:
1. How does the status of the living trust change in light of the new wife?
2. Should husband and sister get a new divorce attorney?
3. Should husband and sister get an attorney who specializes in elder law?
4. How can my husband and his sister protect his assets so they remain intact and are available to pay for his care?
5. What are the consequences if New Wife refuses to sign the divorce papers?
TIA and sorry for the long soap opera.
FIL is a widower for two years. Six weeks ago, he married a woman he'd known for about two months. He never mentioned the woman to his children until the night before the wedding. He did call his attorney who advised him against marrying her w/o a prenup. The wedding took place the following morning at the courthouse as soon as it opened. Neither had drawn up a prenup.
Immediately after the wedding, New Wife took FIL to his bank to sign a form listing her on his checking account and applying for a Visa card that he would be responsible for paying. The next day, she left the state to "sell her business" in Michigan. FIL "thinks" the marriage was consumated.
To his two children, he claims she "has assets worth $500,000 because she showed me a paper listing them." In truth, all my husband and his sister know (because a friendly neighbor did some investigating) is that this woman is living in a trailer owned by a 90 yo gentleman, currently in a long-term rehab hospital from surgery for a broken hip, and has had herself named as sole administrator on a blind trust holding all the gentleman's assets. She is 78 yo and apparently has children somewhere although no one knows anything about them.
By the Tuesday following the wedding, FIL admitted he'd made a mistake. My husband and his sister took him to his long-time attorney where he willingly signed a DPOA and a healthcare surrogacy to his children. By Wednesday, he had initiated dissolution of marriage paperwork with a second attorney. New Wife was still in Michigan (where she has remained ever since).
To date, FIL has not seen the wife again but has been in phone contact with her. In the six weeks of the marriage, they have spent one night together. My husband has spoken to her, and she plainly intends to remain married but apparently doesn't even have the resources for a plane ticket back to Florida w/o FIL paying for it.
His assets: Waterfront home with current value of $1.3 million, $300,000 in cash and securities all held in a revocable living trust of which he is sole trustee, naming his children as joint successor trustees on his death.
His health: Fairly good for age but needs continuing care for respiratory problems, diabetes, and abdominal aneurysm. He refuses to undergo a thorough neurological checkup.
His mental status: Labile. At times, unstable bordering on delusional with violent tendencies. He is dissembling but it appears that he fully intends to stay in his home married to New Wife whom he thinks is "going to take care of me." He has been overheard telling her on the phone not to sign any divorce papers. He is in possession of a loaded handgun and an illegal semi-automatic rifle which he has threatened (to my husband) to use against anyone who thwarts his wishes; no one other than his children know about these threats. He is incapable of caring for himself and living independently (doesn't pay bills or open mail, maintain house, etc.) but refuses to move to an ALF. At this point, he sees his children as enemies. My husband is living with him and intends to stay until the divorce is final, but at this point the stress is overwhelming.
Legal status: Divorce attorney who was provided Fla. and Michigan addresses has not yet served New Wife with papers, has not yet initiated background and credit checks on New Wife requested by children.
Questions:
1. How does the status of the living trust change in light of the new wife?
2. Should husband and sister get a new divorce attorney?
3. Should husband and sister get an attorney who specializes in elder law?
4. How can my husband and his sister protect his assets so they remain intact and are available to pay for his care?
5. What are the consequences if New Wife refuses to sign the divorce papers?
TIA and sorry for the long soap opera.