Legal Question in Family Law in Pennsylvania

Is this Marriage Legal and what can I do?

I just found out this morning by reading my Dad's obituary that he was married. I called the funeral home thinking they had made a mistake, but found that they were married less than 12 hours before he passed away. Her brother who is a minister officiated the ceremony. At the time my Dad passed away, he was on major doses of morphine and did not understand what was going on around him and this is documented that he has been unresponsive for several weeks. My dad's doctors told my sister and myself that he was unresponsive and would be passing on at any time. His girlfriend at the time had been representing herself as his wife at the hospital and never let the hospital know about us children. Once they learned that we existed, his care was decided by us. The sad part is that us children were never told about the marriage. It is one thing if my Dad was of sound mind and stated his intentions. I was always with the understanding that you had to be of sound mind when getting married or entering a contract. I am in such shock right now, one thing losing my Dad, but then this. My dad's intentions are not being carried out and I feel I have no say about it. I would appreciate any help or guidance that you may provide. Thanks


Asked on 10/03/05, 11:10 am

2 Answers from Attorneys

William Kraut Divorce Law Center

Re: Is this Marriage Legal and what can I do?

This will become an estate issue. It can effect your inheritance. Get to an estate attorney as quickly as possible. If you wish give me a call

Bill Kraut

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Answered on 10/05/05, 10:23 am
Bryant A. Boohar Charles W. Boohar, Jr. & Associates, P.C.

Re: Is this Marriage Legal and what can I do?

You are correct that a person has to have a certain level of competence in order to enter into a marriage. The validity of the marriage, of course, can have a significant effect on the distribution of his estate and also who will be entitled to serve as the administrator. If the marriage is determined to be valid, then she may be able to take a forced share of the estate even if there is a Will that does not specifically mention her.

To discuss the matter further, you may contact me by phone 610-996-5003 or by e-mail.

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Answered on 10/03/05, 11:49 am


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