Contesting a marriage that took place while heavily sedated a month before death

The father of my children passed away august 23 of last year. He verbally stated he left a life insurance that was for his brother and me or his 2 children. I am the ex-spouse mother of his 2 children. Somehow his life insurance was blank and had no listed on it which I find extremely strange he had an illness he knew his life was limited and his brother and i were verbally told by him what he was distributing to whom. His girlfriend married him in the hospital while he was being heavily debated until his death. The marriage date was July 19 and he passed away August 23. No one not even his children no one in his family knew of this marriage. She was paid out the entire life insurance and his children and brother were left with nothing. Can this marriage be contested?

Asked on October 4, 2017 under Estate Planning, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loss and for the sitiation as it is. It sounds as if you have a good argument that he did not have the "capacity to contract" at the time that the marriage was performed.  But more importantly you need to find out why she was paid the entire proceeds of the life i surance policy.  If the policy had no named beneficiary then it goes to his "estate." It sounds like he died intestate and in the state of Florida your children should have gotten half of those proceeds of his estate.  Please seek help as to that as well.  Good luck.

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