Legal Question in Family Law in North Carolina
I am 70 years old and have had a companion living with me for 17 yrs.He is now having health problems with his short term memory and is also a diabetic. He is well off and his family is saying I
should marry him. As his caregiver where do I stand if I continue to just
let him live with me in North Carolina?
1 Answer from Attorneys
What are you asking? You are entitled to nothing from his estate should he pass away and you are not married to him if he has no will. If he has made a will and made you a beneficiary of his assets, that is his right. The same for non-probate assets like life insurance. I do not know if he made you the beneficiary, but if he did not, then you have no right to these things. Wills and beneficiary designations can be changed and if he is having some memory issues he could always change his will or beneficiary designation. If he has no will, I don't know if he could make a will now given his memory issues - I am not a medical doctor and I do not know how severe the issues are or are not.
Also, does he have any other estate planning documents such as a power of attorney for finances or health care? If not, then you really have no rights at all if he has to go to the hospital and can't consent to treatment or cannot handle his affairs any longer. Again, the problems can be cured by executing these documents but I don't know if he has the mentak capacity.
Since you say he lives with you but is well off, what kind of assets does he have? Probate only affects his assets.
I can prepare wills and powers of attorney for him if he does not have these documents for a reasonable fee although I have some reservations about his mental state. If he is interested, please have him contact me at [email protected] or see a local estate planning attorney.