Father dying, need advice soon
This is a discussion on Father dying, need advice soon within the Wills, Trusts, Estates forum, part of the Other Family Law Matters category; To start off im in the United States Air Force and deploy alot. I'm the eldest son at 23 and ...
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|Apr 27th, 2010, 06:28 PM||#1|
Join Date: Apr 2010
Father dying, need advice soon
To start off im in the United States Air Force and deploy alot. I'm the eldest son at 23 and he was divorced prior to me leaving for my last deployment. Before I left he had just broken up with his girlfriend who he had been dating for atleast 4 years because she was a very evil person "his words". He had been fighting cancer for the last 2 years and in the beginning it was stage 4 colon cancer. He had thought he fought it off but it came back full force and had become lung, liver, and colon cancer. Before i left he had just started his new chemo treatments and only had 4 or 5 treatments and things were kinda looking good for him. But after i left he took a turn for the worst, also while i was gone he got married to the "evil person" without notifying me or anyone else. Me and my father were very very close so this took me by surprise. During this time he was also having major mental instabilities talking more and more about suicide. My grandmother informed me that she recommended to him that he should marry her to make him happy. He had just been forced retired from both the Air Force and his outisde job so he was very bored of life. Before i left for Iraq this last time he had told me his will appointed me as the Will's executor and that certain things were split between me and my younger brother like the house and some life insurances and that i should decide how everything else should be distributed. I have overheard his new wife saying their is a new will done but i dont know whats on it. I want to know what rights she has since they got married during his sickest times and how much power the new will has beeing made during the same time time. I need advice asap because i know she already has everything ready... Thanks
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|Apr 27th, 2010, 08:44 PM||#2|
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Join Date: Dec 2009
Re: Father dying, need advice soon
I wish to inform you that a person has a right to make a will. You can challenge the Will on the ground that it was made under undue influence and the testator of Will lacked proper capacity to think. In this you can show that the marriage was done at this stage just for the benefits of property and undue influence has been cast of the person due to which Will was changed. Further because of illness the person lacked proper ability to think may also be argued. You can present evidence of any person who knew of the circumstances. In this if old Will in which you are executor is followed then the distribution will be as stated in that Will and if no nothing is mentioned about the property then it will go to legal heirs which may include his wife.
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« Contrary to Public Policy / Re: Undue Influence / Intestacy / in England | Undue influence of the spouse - Intestacy? »
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