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  1. #1
    jwinge68 is offline Junior Member
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    Apr 2008
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    Father's 2nd marriage--grown children--No prenup.

    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?
  2. #2
    Ohiogal is offline Senior Member
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    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.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    jwinge68 is offline Junior Member
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    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.
  4. #4
    Ohiogal is offline Senior Member
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    Quote Originally Posted by jwinge68 View Post
    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.
    Then it will pass by intestate succession.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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