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  1. #1
    jimmiejam is offline Junior Member
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    My father is on his death bed and...

    What is the name of your state? Michigan

    ...he now has informed me that he wants to marry his girlfriend of 30 years. He is not in his right mind, at least from what I believe. I am conserned that his girlfriend will get all his assest out of this and leave us kids out in the cold. This would be fine if he were not in the hospital with stage 4 cancer in a very valnurable state. Is there any way to protest this marriage when it happens? I don't believe he is in a proper state of mind to make this kind of descision. Also he has a will for us kids but will that be cancelled out once the marrage takes affect? Thanks in advance. Jim
  2. #2
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by jimmiejam View Post
    What is the name of your state? Michigan

    ...he now has informed me that he wants to marry his girlfriend of 30 years. He is not in his right mind, at least from what I believe. I am conserned that his girlfriend will get all his assest out of this and leave us kids out in the cold. This would be fine if he were not in the hospital with stage 4 cancer in a very valnurable state. Is there any way to protest this marriage when it happens? I don't believe he is in a proper state of mind to make this kind of descision. Also he has a will for us kids but will that be cancelled out once the marrage takes affect? Thanks in advance. Jim
    What does his doctor say as to his mental capacity?
  3. #3
    jimmiejam is offline Junior Member
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    I don't know the answer to that yet. Lets just say they say he is fine. Then I/we probably would not have a leg to stand on, right? I will have to find out soon. Thanks, Jim
  4. #4
    Ohiogal is offline Senior Member
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    Quote Originally Posted by jimmiejam View Post
    I don't know the answer to that yet. Lets just say they say he is fine. Then I/we probably would not have a leg to stand on, right? I will have to find out soon. Thanks, Jim
    Right because you are not guaranteed or entitled to anything. INheritances are not something you get by virtue of existing. They are not a guarantee and they are not something you can cash in or protect.
    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.
  5. #5
    nextwife is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    Right because you are not guaranteed or entitled to anything. INheritances are not something you get by virtue of existing. They are not a guarantee and they are not something you can cash in or protect.
    She was his GF for THIRTY years.

    Maybe he's afraid his kids will not treat HER the way he wishes?
  6. #6
    stealth2 is offline Senior Member
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    Quote Originally Posted by jimmiejam View Post
    What is the name of your state? Michigan

    ...he now has informed me that he wants to marry his girlfriend of 30 years. He is not in his right mind, at least from what I believe. I am conserned that his girlfriend will get all his assest out of this and leave us kids out in the cold. This would be fine if he were not in the hospital with stage 4 cancer in a very valnurable state. Is there any way to protest this marriage when it happens? I don't believe he is in a proper state of mind to make this kind of descision. Also he has a will for us kids but will that be cancelled out once the marrage takes affect? Thanks in advance. Jim
    And people wonder why they're disinherited.
  7. #7
    Ohiogal is offline Senior Member
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    Quote Originally Posted by nextwife View Post
    She was his GF for THIRTY years.

    Maybe he's afraid his kids will not treat HER the way he wishes?
    Dad may be afraid of that? maybe. But junior seems to be looking out for number 1 and painting the girlfriend as a golddigger. Which if she stuck with him for 30 years then why would he question them marrying before his dad died.
    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.
  8. #8
    jimmiejam is offline Junior Member
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    Thanks for all the "legal"? advice. And no personal bashing at all. What the hell?
  9. #9
    Silverplum is offline Senior Member
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    Quote Originally Posted by jimmiejam View Post
    Thanks for all the "legal"? advice. And no personal bashing at all. What the hell?
    You got your free legal advice/info (from an attorney, post #4.)

    The bashing was free as well. What do you expect on the internet?
  10. #10
    xylene is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    Right because you are not guaranteed or entitled to anything. INheritances are not something you get by virtue of existing. They are not a guarantee and they are not something you can cash in or protect.
    This is not an answer to his legal question. Sorry.

    His question is straightforward

    Quote Originally Posted by jimmiejam
    Also he has a will for us kids but will that be cancelled out once the marrage takes affect?
    He didn't ask if his father could change his will.

    He asked if getting married invalidated his fathers existing will.

    You gave common sense, but that doesn't change the fact that nothing you said answered that question.

    I could make up a billlion different stories where this guy is a huge jerk or a long suffering son. Or any shade in between.

    So crew, does a marriage invalidate an existing will?
  11. #11
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by xylene View Post
    This is not an answer to his legal question. Sorry.

    His question is straightforward



    He didn't ask if his father could change his will.

    He asked if getting married invalidated his fathers existing will.

    You gave common sense, but that doesn't change the fact that nothing you said answered that question.

    I could make up a billlion different stories where this guy is a huge jerk or a long suffering son. Or any shade in between.

    So crew, does a marriage invalidate an existing will?
    When he answers my question to my satisfaction, I will answer his.
  12. #12
    GatorLaw is offline Member
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    Brief answer because I'm low on time to post references:

    Marriage does not invalidate or change a will. Marriage does not affect a will.

    To invalidate a will, which if she is a gold digger she will likely get it changed to get a piece of the prize, there are a few things you could do.
    1. Show the will was not properly signed (needs notary and witnesses in most states)
    2. Show that he lacked the mental capacity to sign it
    3. Get power of attorney from him, or possibly get a court to assign it to you (you will need doctor testimony probably)
    4. Show that the gold digger caused undue influence on him making his will (level of proving this varies by state, generally it is a rebuttable presumption that golddigger had undue influence on him if people are removed from the will)
    5. Show he was fraudulently induced into signing the will (hard to show, must prove she tricked him into signing the papers by promising something she never intended to provide)

    He can tear up his will at any time. He can write a new one to invalidate that will at any time.
  13. #13
    nextwife is offline Senior Member
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    BB, I'm with you. If dad is mentally capable, it is HIS right to decide whether to marry the woman he's been with 30 years. And that is true whether it affects the will or not!

    Maybe dad wants to be sure she can get widows benefits under his SS record?
    Last edited by nextwife; 01-30-2007 at 03:35 PM.
  14. #14
    Ohiogal is offline Senior Member
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    Quote Originally Posted by xylene View Post
    This is not an answer to his legal question. Sorry.

    His question is straightforward



    He didn't ask if his father could change his will.

    He asked if getting married invalidated his fathers existing will.

    You gave common sense, but that doesn't change the fact that nothing you said answered that question.

    I could make up a billlion different stories where this guy is a huge jerk or a long suffering son. Or any shade in between.

    So crew, does a marriage invalidate an existing will?
    Missed that question.
    Invalidate -- well depends on what OP defines invalidate as.
    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.
  15. #15
    jimmiejam is offline Junior Member
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    Thank you to those for the non bashing replies. It is appreciated. To you others who like to bash. I probably am a jerk for asking this question but I wanted to know. I didn't think there would be ethics on a law forum

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