Legal Question in Family Law in Oklahoma
Anti-Nuptial protection
My father remarried in Oklahoma several years ago. Before marrying he made it very clear to his future spouse that ''his'' money was to go to his children and not to her or her family. An ''Anti-nuptial'' agreement was signed and a trust WITHOUT her name was created for his family with all assets.
Due to illness and aging they separated over a year ago and there has not been any contact. My family is now aware that she is in a nursing home and willnot qualify for Medicaid. I say they divorce (there is no lost love believe me) so she is eligible. Her family says no and we understand that they will be ''coming after us'' to recoup money they have spent on nursing homes and to make my father pay for upcoming bills. He has 2 homes that should go to us, his children-can her kids take our inheritance? I always thought the anti-nuptial protected us.
1 Answer from Attorneys
Re: Anti-Nuptial protection
Anti-nuptual does not protect YOU! It protects Dad if they divorce. He still has a responsibility under the "doctrine of necessaries" to pay her bills as long as they are married. If he dies still married to her, the AN has NO effect.
Have you seen the movie "GREEDY"?
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