Legal Question in Family Law in New York
my parents have been together for over 35 years but are not legally married. my father is still legally married to his ex. Is there any way other than a divorce that he can make my mother the primary decision maker over his funeral arrangements and body when the time regretfully comes? Are there any documents that can decide this?
2 Answers from Attorneys
Your father should meet with an estate attorney right away. I may be reached at 347 612-66-77
He can have a will and other documents drafted that makes your mother the decision maker. The bigger problem is that his entire estate will go to his ex-wife since they are legally married to one another. If he does not want this to happen he will need to get divorced, unless his wife signs a waiver of a right of election. He should consult with an attorney immediately.