Dear Quentin, My family is dealing with a significant shock. My brother, my sister and I have just found out that our elderly father secretly married his caregiver five years ago and never told us. We have a thriving family-owned business, and our father’s wealth is in the hundreds of millions of dollars.
Now that we know he’s married, it’s come to our attention that the state we live in has a statute that says if a spouse dies, the partner can choose either to accept the conditions of a will or get 30% of the spouse’s estate. If they divorce, his wife would get about 30% of his estate, which is worth millions of dollars.
There was a prenuptial agreement, but our lawyers have said it was poorly written and would never hold up in court. Can you give us direction on where to turn to reduce this woman’s part of the estate? We understand she will probably receive millions of dollars, but we honestly don’t believe she deserves 30% of everything.Dear Stepdaughter, There are many moving parts and questions surrounding your father’s marriage and estate.
Undue influence Undue influence, duress and pressure on an individual who has lack of capacity could constitute elder abuse. The National Center on Elder Abuse, a government agency affiliated with the U.S. Administration on Aging, and the nonprofit National Adult Protective Services Association have resources and can provide help with the steps you can take to report alleged abuse. You can also contact your father’s primary physician for a review of his health.
Remaining questions It may be that his wife is doing her best to take care of him. Patrick Hicks, lead counsel at Trust & Will, a law firm in San Diego, Calif., says there are some valuable takeaways for you and your father.
Help !!!!!!!!!!!!