What happens to an estate when someone is in the hospital terminally ill and gets married?

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What happens to an estate when someone is in the hospital terminally ill and gets married?

I am executor on my son’s Will. When it was made out, he was not married. He left his house to his daughter. A week before he passed away with cancer, his girlfriend talked him into getting married in the hospital. He was on so many pain meds from the pain. She said that she is married to him so now she gets the house and everything he owns. He was on disability and she thought she would also get his disability check. Is she entitled to his house or do we go with what is in the Will. His daughter is very special to him.

Asked on April 10, 2017 under Estate Planning, New York

Answers:

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

Answered 4 years ago | Contributor

I am so, so sorry for your loss.  Please, please please go and see an attorney as soon as possible.  You need to probate the Will.  She will object and you may possible have to set aside the marriage as he did not have the capacity to enter in to that contract (yes, it is a contract) and he was unduly influenced in a very weak and vulnerable state, i.e., he was not of "sound mind."  You may need affidavits from MD's as to what his medical situation was at the time and what meds he was on.  regardless, she would not "inherit everything." She could only elect against the Will and receive a portion under the law.  But this gold digger deserves nothing.  Good luck.


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