Will the will stand????

[LSD1]

What is the name of your state (only U.S. law)? South Carolina
In this case my father in law had a will and had a friend that lived with him many yrs.There is property that has been in the family for decades. from great grands to grands and so on and so forth.
when the will was created about 7 /8 yrs before death. This woman who lived with him knew whole heartedly how things were and should have been . In fact she went with him and his sisters as the will was created. She was actually with him in the waiting area while they done this.
well to make a long story short as possible. when he just was'nt himself anymore mentally.she took him and changed everything possible 60 days prior to death.A minipulation at the least. she went and got a marriage license, and married pop. and now that we have put his will into probate.we are finding out that common law would have not override the will. but since she got those marriage license that they will override the will.
Can you guys think of any possible avenues to fix what she has done. She has been so decietful.And we would only like to keep the farm in the family cycle like it has always been. To never sell. Appreciate your advice and time. Thanks Much

 

[anteater]

Seems to me that you have two options:

1) Attack the validity of the marriage. Stating that "..when he just wasn't himself anymore mentally..." won't get too far. What evidence can you present that he was mentally incompetent?

SECTION 20-1-10. Persons who may contract matrimony.

(A) All persons, except mentally incompetent persons and persons whose marriage is prohibited by this section, may lawfully contract matrimony...

2) Figure out a way to provide the "surviving spouse" 1/2 of the value of the estate.

SECTION 62-2-301. Omitted spouse.

(a) If a testator fails to provide by will for his surviving spouse who married the testator after the execution of the will, the omitted spouse, upon compliance with the provisions of subsection (c), shall receive the same share of the estate he would have received if the decedent left no will unless:

(1) it appears from the will that the omission was intentional; or

(2) the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by statements of the testator or from the amount of the transfer or other evidence.

(b) In satisfying a share provided by this section, the devises made by the will abate as provided in Section 62-3-902.

(c) The spouse may claim a share as provided by this section by filing in the court and mailing or delivering to the personal representative, if any, a claim for such share within eight months after the date of death or within six months after the probate of the decedent's will, whichever limitation last expires.

SECTION 62-2-102. Share of the spouse.

The intestate share of the surviving spouse is:

(1) if there is no surviving issue of the decedent, the entire intestate estate;

(2) if there are surviving issue, one-half of the intestate estate.

 

[Dandy Don]

Find out if she used a power of attorney to change title to any of the assets and ask your lawyer if your state has laws against abuse of power of attorney. If she had it and did not provide an accounting to prove she spent the money on his care, she may have to repay any unaccounted for monies to the estate.

Who filed the will and who is executor? What is the value of this estate?

DANDY DON IN OKLAHOMA ([email protected])