Tuesday, September 9, 2014

Sad tale when adult children are more concerned with their inheritance than with their elderly parents happiness.

I saw a very sad internet story today.  The story is about a newlywed couple.  This couple has had a unique friendship for the last 10 years.  They seem to be quite happy together.  So what is the problem?  Is it that they are bi-racial? Is it that they don't know what love is?  No the couple is 95 and 96 years old.  The woman has a legal guardian because there was fear that she might have some dementia.  The child who had legal guardianship thought the marriage was a good idea and the couple live with her and her husband.  So why is the court system involved? Simply put some of the other children were worried that the marriage would confuse the distribution of the woman's $475,000 estate.

The other children who were not involved in the decision to allow the marriage complained to the court and the court decided that the marriage should not have happened without the courts permission.  Why the woman was not a ward of the court.  The legal guardian of the woman agreed the marriage was okay and cares for the couple in her home.  The court also decided that it might not be in the best interest of the woman to automatically terminate the marriage. So the court terminated the guardianship by the woman's daughter and made her a ward of the court making a lawyer her legal guardian.  The court thought the marriage might be okay if a postnuptial agreement saying the man couldn't inherit were signed but the couple thinks this is ridiculous.

This couple is 95 and 96.  They have many health problems related to advanced age.  Its not like the man would go right out and spend all her money if she died on him.  In fact its more likely that he would follow her shortly after.  The only reason this was ever taken to court was because someone was worried they wouldn't get their inheritance.  How awful is that to know that your children are more interested in your money than your happiness in your final years.

This newlywed couple like to dance to music and have actually helped to improve each others help just by being more active together and having companionship.  They have been friends for 10 years and decided to take the next step and enjoy their final years together.  Shame on the court for even thinking of stepping in.  They had no reason to do so.  The legal guardian did have the right to grant the woman's desire to marry. 

This court case was a frivolous waste of the court's time, but because money was involved I guess they decided it was okay to step in.  I could see a problem if there was a 20 or more year difference in ages and that the man might be taking advantage of the situation but there is only a 1 year difference and they have far outlived the average life expectancy.  They could live to be a ripe old age of 113 but that is not likely.  Its more than likely that they probably don't even have a year together left.  Why are people so selfish? 

If I were this couple I would work with the new guardian(lawyer) to draw up a new will giving 3/4 of the money to charity and the last quarter to the child who actually cared for the couple.

No comments:

Post a Comment