Legal Question in Wills and Trusts in Texas
marriage
My father is 76 years old. His wife of 40 years passed away last sept.08. In nov.08 he began dating a 56 year old woman and is now (two months later) going to marry her. I am worried about this woman's intentions and would like to preserve my ( and my brother and sisters) future inheritance. If I have power of attorney is he able to enter into marraige without my permission and if so is there a pre-nuptual that can keep her from inheriting half his estate? Also if I place his holdongs into a trust, would she have rights to it upon his death?
2 Answers from Attorneys
Re: marriage
First, your "inheritance" does not arise until your father dies, so right now you don't have anything at least by the will (if any). Powers of attorney are only good for the stated powers and I doubt that there is any language requiring *your* permission for your father to marry. The trust idea might work if you have power over any assets, but I would have to see that power of attorney. You're correct to try to protect your father if you can, but a lot of that is up to him. Sometimes, they would rather have the female companionship than protect your inheritance. Good Luck.
Re: marriage
No, you can't use a POA to prevent your father from re-marrying. You also can't prevent him from disposing of his assets. He can enter into a prenuptual (if he wants to.) He can also place his property in a trust (if he wants to.) Best course of action, set up an appointment for your father to see a family law attorney to discuss prenuptual agreements, and estate planning.
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