Is a POA legal if the person who gave the POA to his son suddenly marries or does his son still have POA?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a POA legal if the person who gave the POA to his son suddenly marries or does his son still have POA?
My father-in-law has been living with this women for over 25 years. About 10 years ago, he had a will drawn up naming my husband beneficiary of his estate, finances, health, etc. (yes, while he had been living with this women for many years) About 3 years ago, he legally married her and now we want to know if this Will is still legal? Or because he has now married, does that automatically make her the beneficiary and the Will null and void?
Asked on February 29, 2012 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A Will is never invalid unless it is replaced by new Will or adjudged by the court to be invalid because of undue influence, etc. What can happen in most states, though, is that she can elect against the estate. Wivs can no be disinherited so under the law they are given a right to a certain percentage of their husband's estate. I would speak with your father in law about re doing the Will and estate planning. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.