Legal Question in Wills and Trusts in North Carolina
My 85 year-old mate recently signed a will with his son over disbursement of properties, etc. Meanwhile, mate had been asking me to marry him. I refused the offer, believing there was nothing for me to gain, other than companionship. If I marry him, after he has signed that will, what benefits would a wife have, and what leverage as his wife? I've been his caregiver for the past 5 years.
1 Answer from Attorneys
A will made prior to any marriage would be invalidated to the extent that a wife is entitled to certain benefits. She would get a portion of the estate. The proper thing for him to do is, if he marries, to make a new will that includes you to whatever extent he deems appropriate. My question is whether he is mentally competent. While he may need a caregiver, does this mean that he is just frail in body but ok in mind or is he less than lucid mentally?
This is what I call the Anna Nicole Smith problem. When older octagenarian man marries younger woman, who will be entitled to a share of his assets by either intestacy, elective share or will, you can bet that children from prior marriage/relationship are going to find a way to challenge this. If the children were smart, the children would persuade their father to have a pre-nuptial agreement in which you would relinquish any spousal rights so as to protect their inheritance and avoid the Anna Nicole Smith problem altogether.
Call me old-fashioned but I thought people married for love and not because of an expectation that they will gain anything?