Legal Question in Wills and Trusts in North Carolina

Its not illegal or criminal. However, there are many questions which your post does not address. I would talk to your father's physicians to see what kind of mental condition he had. Telling me he was on medication means nothing. Many elderly people are on lots of medication and it does not affect their mental capacity. But someone who was on morphine and in and out of consciousness may have lacked mental capacity. Many people also are terminally ill and for whatever reason decide to marry for whatever reason (Farrah Fawcett's and Ryan O'Neal's marriage comes to mind) so this fact also does not reveal anything. You do not indicate who this woman was or how long she knew your father. It is one thing if he married an Anna Nicole Smith wanna-be. Its another if he reconnected with a high school sweetheart. You also do not indicate whether your father had a will. If he had a valid will, this woman is not necessarily entitled to "everything." If she was not included in the will, she would be limited to her elective share if she petitioned for it. However, you do not indicate what assets your father had so it is impossible for me or any other attorney to know what the elective share would be.

I also don't know where your father lived at the time of his death; I have assumed that this was North Carolina and have premised my answers on North Carolina law.

My advice to you is to seek out a probate litigation attorney who practices in the county/state where your father lived at the time of his death to determine whether this marriage was valid (it can be annulled if your father lacked mental capacity) or whether this woman should be precluded from inheriting anything because of fraud or undue influence.