• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Wilcox Attorneys, PA

Wilcox Attorneys, PA an Arkansas Estate Planning & Trust Information Center

Northwest Arkansas Estate Planning Attorneys (479) 443-0062

Client Vault
  • Home
  • Our Firm
    • Our Firm
    • About the American Academy
    • Advantages of Working With Our Firm
    • Attorney and Staff Profiles
    • News & Events
    • Speaker Connection
  • services
    • Asset Protection & Business Planning
    • Elder Law & Medicaid Services
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Incapacity Planning
    • Legacy Planning
    • Pet Planning
    • Secure Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Webinars
  • Practice Areas
  • Resources
    • DocuBank
    • Elder Law Reports
    • Estate Planning Resources
      • Estate Planning Articles
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Frequently Asked Questions
      • Estate Planning
      • Frequently Asked Questions for Families Without an Estate Plan
      • Incapacity Planning
      • Legacy Wealth Planning
      • Medicaid Planning
      • Pet Planning
      • Probate
      • Trust Administration & Probate
    • Newsletters
    • Pre Consultation Form
    • Trust Administration & Probate Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
  • Reviews
    • Our Reviews
    • Review Us
  • Contact Us
  • Blog

Deathbed Marriages Coming Under Scrutiny

October 21, 2013 by Deb Sexton Leave a Comment

Marrying for money is certainly not a new concept, nor is the idea of the “Anna Nicole Smith” type of marriage where an attractive young woman marries a wealthy man many years her senior.  But some states are starting to look more closely at these types of unions, sometimes called “deathbed marriages,” with some even passing laws to offer more protection to the elderly to prevent this type of abuse.

These deathbed marriages can take on several forms:

(1)   the family of the victim notices that the new spouse seems to be spending all of the victim’s money;

(2)   the family may not even know of the marriage until after their loved one dies;

(3)   the family may know of the marriage but not know until after the loved one dies that their assets have been depleted by the new spouse.

Traditionally, the family’s hands have been tied in all of these situations without solid proof that would void the marriage.  But any evidence is often subjective and based on the opinions of the family which, without more objective proof, may not be enough to validate the suspicions in a court of law.  But some new laws are designed to prevent at least some of this abuse by loosening restrictions on acceptable evidence and allowing a court to void deathbed marriages, meaning that legally it never took place and the perpetrator cannot claim and inheritance.

New York courts recently ruled on two cases where the victims had married their caregivers.  Both men had dementia at the time the marriage took place. The New York court ruled the marriage void in both cases, finding that the elderly men had no legal capacity to know what they were doing or the consequences the marriages might have on their estate.  The precedent should create more protection for the families of the elderly who have been the victims of deathbed marriages.

The state of Florida has gone even farther, passing a law that allows any interested person to challenge the inheritance rights of a surviving spouse within four years of the death of the family member.  The length of time allowed to file suit gives the family sufficient time to determine whether any undue influence was used to gain a financial advantage.  But the law still has one important limitation: if the surviving spouse is listed by name, not just as “spouse”, in a will or trust or other legal document, then the statute does not remove their rights on its own.  Obviously, this leaves open a wide range of abuse that could occur, but at least the law is a step in a good direction.

It is unfortunate that some unscrupulous people choose to prey on the elderly, infirm or incapacitated for their own financial gain, but at least some light is being shed on these scams.  While it may not be possible to prevent these deathbed marriages before they happen, the new focus on preventing any inheritance by the abuser will make it easier to undo or avoid any damage to the victim’s estate.

  • Author
  • Recent Posts
Deb Sexton
Latest posts by Deb Sexton (see all)
  • Estate Planning is Essential Whether You Are Married or Not - April 25, 2018
  • Income Tax Basis in Estate Planning – Part 2 - April 23, 2018
  • The Downsizing Generation: How to Handle a Surplus of Stuff When a Loved One Ages - April 18, 2018

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Wilcox Attorneys, PA

DOWNLOAD OUR FREE ESTATE PLANNING WORKSHEET

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

Subscribe to Our Blog

Subscribe to our blog for all the latest estate planning news and updates!

Office Address

Fayetteville
2766 Millennium Drive
Fayetteville, AR 72703
Phone: (479) 443-0062

Office Address

Prairie Grove
1100 Division Street, Suite 4
Prairie Grove, AR 72753
Phone: (479) 846-6026

( By Appointment Only )

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 12:00 PM

Map

map for office
  • Facebook
  • LinkedIn
  • RSS
  • Twitter
  • YouTube

footer-logo

© 2023 American Academy of Estate Planning Attorneys, Inc.