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My father is on his death bed and...

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jimmiejam

Junior Member
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
 


BelizeBreeze

Senior Member
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?
 

jimmiejam

Junior Member
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
 

Ohiogal

Queen Bee
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.
 

nextwife

Senior Member
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?
 

stealth2

Under the Radar Member
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.
 

Ohiogal

Queen Bee
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.
 

xylene

Senior Member
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

jimmiejam said:
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?
 

BelizeBreeze

Senior Member
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.
 

GatorLaw

Member
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.
 

nextwife

Senior Member
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?
 
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Ohiogal

Queen Bee
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.
 

jimmiejam

Junior Member
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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