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Father's 2nd marriage--grown children--No prenup.

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jwinge68

Junior Member
What is the name of your state? California

My dad wants to remarry. As grown children from his first marriage (mom died 3 yrs ago), we are concerned about being able to follow his verbal wishes in the event of his death or illness. And concerned about the family home if he passes before her.

He is resisting our requests for a Prenup or living will, SOMETHING formal so that if the new wife doesn't agree or understand his wishes, we have a standing for going against her. And something that says she can't sell the home (my dad and mom bought it at the begining of their marriage) or have it revert to HER family as part of her estate when she dies.

As grown children of the first marriage, if my dad doesn't have something legal in writing, what rights dow we have, and if we went to court, how would they look upon this? Would it automatically go with her?What is the name of your state?
 


Ohiogal

Queen Bee
If he dies without a will you will get a portion of his estate through intestate succession. The house would pass to whoever the other co-owners on the deed are or to whoever is listed in the deed as "transfer on death". His wife would have the right to determine whether he is hooked to machines or not without a living will and/or healthcare power of attorney.
 

jwinge68

Junior Member
Thanks for this---If the deed still stands in his name? My mother died three years ago, and I believe the bank has been made aware of this.
 

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