Any Attorneys on This Site?

Updated on June 07, 2008
C.C. asks from North Highlands, CA
5 answers

Hi. Recently my brother passed but before passing he did several things. He gave the power of attorney and will to his daughter to be sure his kids were taken care of. After doing all this, about 2 weeks before his surgery he married this gal 20 years younger. I do have to give her credit in that she has her own home, a son, and had a good job as an EMT before quitting it to be with him since his surgery was in another state. They lived in GA and the daughter lives in NV.

I am wondering... since he married after he did the will, if the will and power of attorney are invalid. His wife says she went to an attorney and was told it was but I have heard that it is and that it isn't. I just want to be sure that the kids do not get "screwed" over by this new wife.

I have had several conversations and email with his wife and I have to question her. My brother had been known for marrying women who were all users. Any thoughts on this would be appreciated.

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So What Happened?

Hi. I'm told that the new wife and the daughter are talking and taking care of things. Apparently, my brother had talked to them both before passing, telling them what each needs to do. Since we didn't even know that he was married until after his surgery, there was a deep concern here because my brother had a reputation for marrying users. So far this wife seems responsible and will carry out his wishes. Thank you all for your responses.

More Answers



answers from Sacramento on

I'm not an atty, but most of them charge a small consultation fee that equals about $100 and covers about an hour if you or the daughter are really curious.

I also think it depends on the state where the will was written, but don't depend on me (because I'm not an atty.)so talking to a wills and probate lawyer from that state would be key.

From what I have seen in my family and others, the will is his last statement and testament, and it stands in favor of the daughter unless there is a later version signing over rights to the new wife. If GA is a community property state she may be entitled to things like his pension or part of any house they bought together, but again, you'd need to actually contact an atty in that state to find out the rules.

A good way to start is to contact a law school in GA. Lots of schools have community service programs that might give you some help, with aspiring young lawyers eager to test their knowledge of the law. Most of them do this for nominal fees, and they can even fill out paperwork and file court documents for you in many cases.



answers from Sacramento on

I am not an attorney, but you will help your deceased brother (and his children) the most by encouraging them to get an attorney. What you don't know is whether he revised his will or power of attorney after the marriage or if his new wife will produce something that supports that or if she will contest his will. Personally, it's a bit strange that she married him immediately preceding what sounds like was pretty major surgery, if he died from it. It happens, where people want to profess their love to someone they know is dying, but it sounds suspect, particularly if she is that much younger. It also sounds suspect to me that she contacted an attorney and claims her marriage voids the will. Why would she contact an attorney in the first place and why would she want the will voided, except to get at his estate? If the daughter has power of attorney, and possibly is named executor of his will, she should feel comfortable contacting an attorney about probating his estate and what she should do. I would encourage her to do it right away, before there is no estate.



answers from Sacramento on

I am a Trusts and Estates attorney in CA, and my best advice to you is to contact an attorney in the state in which your brother passed away. The laws in each state differ, so you need to consult with someone who knows the local laws.

Good luck!



answers from Sacramento on

Hi C.:
I work with a personal injury attorney in CA but he also does wills and business law and DUI, etc. My understanding of the will is that unless your brother changed his will after marrying his new wife or did a prenup with her, the original will stands. Since they live in GA -definitely contact an attorney out there. But I would also suggest having his daughter discuss with the lawyer that wrote the will up to confirm their understanding.
Good luck though.



answers from Sacramento on

My husband is an attorney. He says the will is not invalid just because he remarried. (The power of attorney part doesn't matter because he is deceased.) If the will doesn't mention anything about his new wife specifically, or about any future spouse, then she will automatically inherit something. How much depends on the state law, so you need to consult with an attorney abou the GA laws. Good luck!

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