If I am executor of my father’s Will, can his new girlfriend take his money?

My mom died last year and everything went to my 80 year old dad. He has been seeing a 65 year woman for a year and says he will now sell his home and buy a new one with her. We believe my dad is in the early stages of dementia but refuses to let me bring him to a doctor he can’t cook, drive or do his finances anymore – he is confused and can’t remember anything from one day to the next. I am executor of his will and have POA if he is incapacitated or incompetent. He has a 500,000 estate. If they live together ‘common law’ will she have rights to his money?

Asked on May 21, 2016 under Estate Planning, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Common law marriages are no longer recognized by the state of GA. Therefore, this woman would only be entitled to a part of your father's estate if they were to enter into a formal marriage. And if he is as impaired as you say, then even if he were to marry his girlfriend, it may be possible to have the marriage annulled due to lack of mental capacity.


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