Father remarrying... need advice

[totalspam]

Basically, my mom passed away last year. My 70 year old father remarried recently. They did not sign a prenuptial agreement. I am gravely concerned because he went to China to find a wife 12 years younger than himself after speaking on the phone with her for 2 months. And people there are known to marry for fraudulent reasons (green card, money). I highly question her motives for agreeing to marry my very short, unattractive, and much older father.

I am currently the sole beneficiary on his will. The only real asset concerned is the house. He thinks everything will be okay the way it is because the will is in place already. He does not intend for the house or any assets to go to the woman. All should remain with me as stated in the will.

My questions are, if/when my father passes away,

How does his second marriage affect the will?
Can his second wife contest the will?
Will she have rights to the inheritances?
What will she be entitled to, if anything?
Do we need a living trust in this case?

Any additional suggestions and advice would be greatly appreciated. Thank you.

 

[dee_dub]

Couple things.

First off, her reasons aren't necessarily "fraudulent" - they're just other reasons for getting married.

Second, considering your father doesn't intend her to get anything, why would you suspect she's marrying for money? Or does she not know she's to receive nothing? (And now who's being fraudulent?)

Third, short men can make good husbands too.

In answer to your questions:

1) Depending on your state law, his marriage may have effectively revoked the will. Your father will be intestate. His estate will be distributed according to your state's laws on intestacy. Conceivably, it could all go to the new wife.

2) If the will isn't revoked, then she can absolutely contest it.

3 and 4) Whether she has a claim to any inheritance depends on your local state laws. If the will is revoked, she will almost certainly get some, if not all; if the will is not revoked, she may still have a claim because the will fails to provide for her adequately.

4) I assume you are asking about a living trust to see if it would help in ensuring the new wife didn't get anything from the estate. The answer is, it might. Disgruntled heirs can challenge a living trust on many of the same terms they could challenge a will.

Bottom line, you should consult with a local estates lawyer if you're concerned about the effect of the marriage on his current will. You might also suggest to your father and to his new wife that they discuss his plans for distributing his estate, and that they consult an estates lawyer.