Is a POA legal if the person who gave the POA to his son suddenly marries or does his son still have POA?

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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.


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