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Gold Digger has my Father, what can I do about it?

Tim H asked:

Dad is 81 and wife is 46. Dad married her 2 years ago and she is just using him for money. She has put him in the hole with bad checks for crack cocaine and booze. I’m his only son and I used to date her, that’s how they meet (please don’t say it, I messed up).

She gave up her social security checks to marry Dad. Dad retired from a big company and she gets his benefits after 2 years (time is up). He didn’t know she would lose her benefits if they married, I wasn’t told about the marriage till 1 month afterwards. His had a stroke and can’t talk, she got power of attorney.

She has him setting in nursing home waiting for him to pass. He gets 12 thousand death benefits for burial. She plans on creamation and spending the rest. Dad has a plot in another state next to my Mother and he has told me he wants to be put there.

He has a will that was made out in 1977 that makes me executor. It has never been changed. Do I have say about what happens to him or does she? I need a lawyer.
She got power of attorney after he had stroke. She had people witness it as his intentions. He really can’t communicate so this is questionable to as he understood or not.

After Mom died, we changed beneficiary to me on company death benefits. The first thing she did was to change it to herself after they was married.

We are living in a Common Wealth if that makes any difference.
She will get his retirement wages and health insurance the rest of her life. I don’t care about that.

The only thing that I want is for my Dad to be next to my Mom when the time comes.

This will cost money and that is what the burial insurance is for. She thinks the 12 thousand bucks is for her to have. She wants the cheap way of creamation and that’s it.

If she would have him put next to My Mom, she can keep whatever is left over. I’m broke but money doesn’t matter to me.

I’d like to know if having the will, is this enough to tie her money up, legally. I know that she will get a lawyer and so will I. If she won’t put Dad next to Mom, I’d rather the lawyers have the money than her using it for crack. I’d challenge her to a drug test which she wouldn’t pass.

She has made my Dad happy the last few years and I couldn’t ask more. She just needs to do the right thing when the time comes. She has changed since he had the stroke, has a could careless attitude.
Thank you “ILovekeyl” for your answer. I don’t believe that my Dad has be totally in his right mind since my Mother passed in 1994.

He did this out of lonelyness and I don’t believe that he would of married her if he was thinking right. He was in an easy position to be talked into things. This was not the first Crack wh^@$ that played on him. The first one got over $50,000 out of him and he was wanting to marry her also (only after knowing her for less than a month). She went to prision so she was out of his life.

I know what him and Mom wanted done after they passed. We had several long talks about this before Mom went.

I see that you spend a lot of time answering questions on this yahoo thing.

You must know an a lot and it is so nice of you to share all your wisdom with us unknowing folks.

Bet that you don’t have any encyclopedias in your house, since you seem to know it all. Thanks for your time “Sweetie”

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Written by crackco on May 16th, 2009 with 7 comments.
Read more articles on Law & Ethics.

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7 comments

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Get your own gravatar by visiting gravatar.com shauna
#1. May 16th, 2009, at 6:43 PM.

You should contact a local attorney. If he never changed his will it still stands. A court should rule in your favor, especially on the buriel issues.

Get your own gravatar by visiting gravatar.com Jim T
#2. May 18th, 2009, at 10:45 PM.

If your father has a will from 1977 and it has never been updated, that will is still in affect. All requests made in that will are still if force. You are right though, you need a lawyer.

Get your own gravatar by visiting gravatar.com dingobluefoot
#3. May 21st, 2009, at 6:38 AM.

As long as she has the power of attorney, you can’t do anything about what she does. Some people are simply poisonous and others pay the price for it, and that’s just the way it it. The best thing you can do, now, is to keep any eye on your father, make sure that he is receiving good care, and spend as much time with him as you can.

I don’t believe he can change his will now. If he did, you could always contest that he wasn’t in a sound state of mind seeing as he had a stroke.

I’m sorry to hear that, once again, the Bad Guys seem to have scored one, and that you and your father are suffering for it.

Get your own gravatar by visiting gravatar.com Common Sense
#4. May 22nd, 2009, at 9:31 PM.

Sounds like you need to get a lawyer before your dad dies…

Get your own gravatar by visiting gravatar.com Gary F
#5. May 24th, 2009, at 7:18 AM.

If you are executor you may have wide-ranging power, but you definitely need a lawyer. If you don’t like lawyers – get over it. You cannot win without one.

Get your own gravatar by visiting gravatar.com rgtheisen2003
#6. May 25th, 2009, at 2:52 AM.

I don’t know a lot about law, but on common sense issues I’m often right. If she got power of attorney BECAUSE he had a stroke, it is obvious that he was not of sound mind if the benificiary was changed after his stroke. My guess is that many people will see the inappropriateness of this, and hopefully, some of them are those who can help you – lawyers, etc. I would get a lawyer and find a way to dispute it. There must be laws that apply. Having received an inheritance myself, I know that such arrangements can be contested. If stubborness prevails on her part (I believe that you are right, so your stubborness is justified) the issue could carry on for years, and she may wish to settle out of court. If her demands are not excessive, I would be inclined to accept such a deal.

Get your own gravatar by visiting gravatar.com ILoveKeyLimePie
#7. May 26th, 2009, at 2:06 AM.

“I’d challenge her to a drug test which she wouldn’t pass.”

You don’t have the right to do any such thing and the fact that you even make such absurd statements shows just how unrealistic you are being in this whole situation.

Your entire post is the story of a person (your father) who made one poor choice after another that you (and not without good reason) disagree with. The bottom line is that he made these choices, and your disapproval is not enough to undo them.

She is his wife. She didn’t appoint herself to that position … your dad bestowed this upon her. No one forced your dad to marry her. He did it of his own free will, and you can’t change that no matter how much you dislike her. As his wife, she has certain legal rights and you can’t change that.

“The first thing she did was to change it to herself after they was married.” No sweetie … the first thing HE did was to sign it over to her.

As executor, you are responsible for the estate and any benefits paid to the estate. Anything made payable to a named beneficiary is not covered under the estate, and therefore not covered under the will. If he made her the named beneficiary of those death benefits, then you and the estate have no claim to it. It’s her money to do as she wishes with.

However, If your dads will specifies where and in what manner he wishes his remains to be disposed of, you should be able to do that without a problem and you can use the proceeds from the estate to pay for it. His written instructions will override her wishes.

You really should make an appointment with a lawyer who specializes in trusts and wills so you will know what needs to be done when the time comes, and also so you can get a clear picture of what rights you have as executor and what rights she has as his wife.

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