Question for a friend.

[Ljnsy]

What is the name of your state? New Hampshire

I am asking this question on behalf of a friend of mine. He has been diagnosed with Stage 4 Cancer and has been given 1 to 1 and 1/2 years to live.

He has recently married 2 months ago, and has since "figured out" that she married him to get his money and assets after he dies.

My question is this: Can this marriage be annuled? and if not....what can he do to protect his assets?

 

[LdiJ]

What is the name of your state? New Hampshire

I am asking this question on behalf of a friend of mine. He has been diagnosed with Stage 4 Cancer and has been given 1 to 1 and 1/2 years to live.

He has recently married 2 months ago, and has since "figured out" that she married him to get his money and assets after he dies.

My question is this: Can this marriage be annuled? and if not....what can he do to protect his assets?

He needs to consult with a good, local attorney, immediately.

 

[Ljnsy]

He needs to consult with a good, local attorney, immediately.

Thanks. I've told him that and he "thinks" he's fairly protected.
He has put his assets in his son's (from a former marriage) name and his brother's name. Will this do any good? I have my doubts it.

 

[rmet4nzkx]

If he has done that through an estate planning attorney after her knew his diagnosis with the intent to protect his estate and she knew this and is appropriately considered in the estate, he may well be but it would be wise to update his estate in ight of his marriage and how she reacts to this will likely determine whether he might consider divorce. If he has no will or trust it could still be a problem. If he married her and was not competent, that can be addressed but best addressed while he is alive. If his life expectency is <1 year he may qualify for Social Security disability unless he is already over 62.

 

[Ljnsy]

If he has done that through an estate planning attorney after her knew his diagnosis with the intent to protect his estate and she knew this and is appropriately considered in the estate, he may well be but it would be wise to update his estate in ight of his marriage and how she reacts to this will likely determine whether he might consider divorce. If he has no will or trust it could still be a problem. If he married her and was not competent, that can be addressed but best addressed while he is alive. If his life expectency is <1 year he may qualify for Social Security disability unless he is already over 62.

Thanks Rmet.

I'll try and find out exactly what he HAS done. He did tell me that she keeps questioning him about the money. He is completely competent at this time and is in his early 30s. I will tell him about the disability. That should help. I'd just hate to see his assets go to a woman who married him solely for the purpose of getting a hold of his money.

 

[nextwife]

Thanks Rmet.

I'll try and find out exactly what he HAS done. He did tell me that she keeps questioning him about the money. He is completely competent at this time and is in his early 30s. I will tell him about the disability. That should help. I'd just hate to see his assets go to a woman who married him solely for the purpose of getting a hold of his money.

He could also look into annulment.

 

[Ljnsy]

Thanks nextwife

He could also look into annulment.

But, does he have grounds for annulment in NH? I haven't looked into it very much on line but I did find a web site (can't remember which one) but I got the impression that annulment is only possible if 1. The marriage was not legally binding. or 2. There was some type of fraud involved. Would marrying someone for the purpose of getting their assets because they're dying be considered fraud? And if so, how would he be able to prove it?

 

[rmet4nzkx]

But, does he have grounds for annulment in NH? I haven't looked into it very much on line but I did find a web site (can't remember which one) but I got the impression that annulment is only possible if 1. The marriage was not legally binding. or 2. There was some type of fraud involved. Would marrying someone for the purpose of getting their assets because they're dying be considered fraud? And if so, how would he be able to prove it?

It could be fraud or not depending on the circumstances, but if the married after they both knew he had cancer and he is competent, it may simply be easier to get a divorce because the learned of the fraud and didn't seek an annulment. Here is a link re annulment that should help.
grounds for an annulment in New Hampshire. ...
http://www.nhbar.org/for-the-public/family-law.asp [

 

[Ljnsy]

An update on this.

I would like to thank everyone for their input last July on this thread.

My friend never got around to doing anything about his wife. He was too busy going back and forth to hospitals.

I'm sorry to say that he lost his battle with cancer last Friday, October 27th.
I don't think I've ever felt so sad in my life.

I do have a question though. Since he wasn't even married to his wife for a year. (They married in March of this year) how much of a slice of HIS assets is she likely to get? I'm hoping the answer is NOT MUCH...and his 9 yo son will get most of it?

 

[nextwife]

I would like to thank everyone for their input last July on this thread.

My friend never got around to doing anything about his wife. He was too busy going back and forth to hospitals.

I'm sorry to say that he lost his battle with cancer last Friday, October 27th.
I don't think I've ever felt so sad in my life.

I do have a question though. Since he wasn't even married to his wife for a year. (They married in March of this year) how much of a slice of HIS assets is she likely to get? I'm hoping the answer is NOT MUCH...and his 9 yo son will get most of it?

So sorry for your loss.

Hopefully he did not comingle his premarital funds with marital funds. THe current CP of the son can and should file a claim against the estate for her son and future CS.

Did he have a will?

 

[Ljnsy]

Thank you.

I'm not really sure because I didn't get the chance to talk to him at length.
I did get the chance to see him a couple of months ago, but I was mainly worried about his health issues, and when I did see him, I tried, for the most part, to not talk about it. I just goofed around with him like we used to do.

I'm sure his family would have made sure he had a will.
Most of his assets were put in his son's name and others put in his brother's name to be given to his son later. I'm not sure how the child support will work but the family will make sure that will be taken care of as well. The bio-mom will not need to go after anything unless she is legally obligated to do so.

His family will make sure his son is well taken care of. And instead of flowers it was asked that donations be made to a scholorship fund for him.

I believe she (wife) might get the house though.

I was mistaken in my last post about when they were married. It was not march, it was may so they had only been married for a little over 5 months.

 

[nextwife]

I'm not really sure because I didn't get the chance to talk to him at length.
I did get the chance to see him a couple of months ago, but I was mainly worried about his health issues, and when I did see him, I tried, for the most part, to not talk about it. I just goofed around with him like we used to do.

I'm sure his family would have made sure he had a will.
Most of his assets were put in his son's name and others put in his brother's name to be given to his son later. I'm not sure how the child support will work but the family will make sure that will be taken care of as well. The bio-mom will not need to go after anything unless she is legally obligated to do so.

His family will make sure his son is well taken care of. And instead of flowers it was asked that donations be made to a scholorship fund for him.

I believe she (wife) might get the house though.

I was mistaken in my last post about when they were married. It was not march, it was may so they had only been married for a little over 5 months.

If he owned the house before marriage and never added her name,. it is a premarital asset, and she may not be entitled to more than a spousal share. WE really can't know without knowing what was premarital, how it was titled, prenup or not, and will or not.