What are my wife’s, her sisters, and her possible stepmother’s rights when dealing with my father-in-law’s Will?

The longtime girlfriend (she has never wanted to get married in the past) of my wife’s father is trying to get him to marry her before he passes away because she wants his possessions. His Living Will states that the house goes to the girlfriend and the rest of the estate goes to the children. If he marries the longtime girlfriend and passes away will the Living Will still be effective or will she be entitled to some of his estate? She also wants him to use the 401K that is part of his estate to pay off the house loan. What happens if she convinces him to use the 401K to pay off the loan?

Asked on July 10, 2012 under Estate Planning, Minnesota

Answers:

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

Answered 8 years ago | Contributor

Your wife or her sister should speak with their father asap and an attorney.  If they get married and if your state ha a right of elction against a Will (and the value of the house is no where near the percentage allowed under the right of election), then she can get mre of the estate.  Is he competant? Maybe that is an area to explore.  Good luck.


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