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Illness

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Dunkin

Junior Member
What is the name of your state? Florida.
My spouse was just diagnosed with a terminal illness. We own a home together and a vacant lot as investment. The properties are in both our names. My question is, can either property be left to the children of my spouses previous marriage or am I protected through our marriage. We are married less than 5 years and it has not been the greatest relationship.
Thank you,
Dunkin
 


S

seniorjudge

Guest
I am truly sorry to hear this.

It may not seem to be a priority now, but you all need to go to a lawyer and get this straightened out. One less thing to worry about....

Also, you might ask the lawyer if your state has durable powers of attorney for health care purposes AND for financial purposes, in case your spouse was not able to give consent for various things in the future.

Please take care of this...you will feel better when you do.
 

BlondiePB

Senior Member
Depending on where you are in FL, there are Elder Law attorneys that will come to homes, hospitals, nursing homes, and assisted living facilities. You and your husband do need to put both your affairs (wills, etc.) in order now. Some terminally ill persons are totally competent to make estate decisions and some are not. Hopefully, your husband is competent to make decisions regarding his estate.

Your husband needs either Advanced Health Care Directives with an agent or Health Care Surrogate designated as a POA with a provision for a conservator. It is also important to have his final burial wishes in this document. This document is for health care decisions only.

You can find FL statutes at www.flsenate.gov/statutes. Probate code is under estates and trusts, guardianship is chpt. 744, and use the search feature for health care surrogate and advanced directives.

For other purposes (financial, etc.), your husband needs a Durable Power of Attorney drafted. Should your husband not be competent, he needs a guardianship established.

Your husband needs his final arrangements made if they are not done so already. Check into this website www.funeraldepot.com. This company is great to work with and good at returning calls and have the same products, etc. that funeral homes do at thousands of dollars less. They even give veteran discounts should your husband be a veteran.

Is your husband enrolled in Hospice? Thus far, Hospice of Palm Beach County is the best one with which I have dealt. They do go outside of Palm Beach County. You can find them on-line too. In additon to all that is provided by Hospice, the Hospice Chaplin is a great resource to assist and organize all religions for a terminally ill person and for the caretaker.

Hope this helps you and I, too, am very sorry.
 

nextwife

Senior Member
Are these held as Jt Tenants WROS or as Tenants in Common between you? Did you or he bring these properties into the marriage or acquire them together?

Do you believe in such a short marriage his kids shouldn't have a right to a big portion of dad's PREmarital assets?
 

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