Suspicious new will and voided pre-nup

[Catlady]

He supposedly wrote a new will only 10 days before he died, younger new wife and her two kids get it all, man's children get nothing of the $5 million in stocks. She told his children that their father died ''broke''. I smell a rotten fish, but then, I watch a lot of detective shows.

https://www.marketwatch.com/story/t...is-prenup-2019-12-08?siteid=yhoof2&yptr=yahoo

 

[RadishRose]

She didn't get a firm answer on whether the new will supersedes the pre-nup. She was advised to ask an estate attorney.

It was admitted that a pre-nup can supersede a new will. Not being a lawyer, I certainly don't know, but I'm thinking the pre-nup should stand.

It took two to make the pre-nup, shouldn't it take two to break it? Or at least a court order?

 

[Catlady]

She didn't get a firm answer on whether the new will supersedes the pre-nup. She was advised to ask an estate attorney.

It was admitted that a pre-nup can supersede a new will. Not being a lawyer, I certainly don't know, but I'm thinking the pre-nup should stand.

It took two to make the pre-nup, shouldn't it take two to break it? Or at least a court order?

Unless the father and his children were estranged, I find it hard to believe he would have left everything to the new wife, especially after saying he thought she was a gold digger. The wife having been a nurse, I wouldn't be surprised if she ''hastened'' his parting after he signed the will, or maybe even caused him the kidney disease. I've read that you can ingest anti-freeze and in the autopsy it's hard to find unless you are looking for the tell-tale crystals (or something like that, I failed chemistry). Nothing unusual about getting a disease at the ripe old age of 90, it's just the financial circumstances that is VERY suspicious. And this was a guy with a Ph.D in economics, and he failed to get an irrevocable trust to protect his heirs.

 

[RadishRose]

Unless the father and his children were estranged, I find it hard to believe he would have left everything to the new wife, especially after saying he thought she was a gold digger. The wife having been a nurse, I wouldn't be surprised if she ''hastened'' his parting after he signed the will, or maybe even caused him the kidney disease. I've read that you can ingest anti-freeze and in the autopsy it's hard to find unless you are looking for the tell-tale crystals (or something like that, I failed chemistry). Nothing unusual about getting a disease at the ripe old age of 90, it's just the financial circumstances that is VERY suspicious. And this was a guy with a Ph.D in economics, and he failed to get an irrevocable trust to protect his heirs.

Uh oh...........

 

[OneEyedDiva]

He supposedly wrote a new will only 10 days before he died, younger new wife and her two kids get it all, man's children get nothing of the $5 million in stocks. She told his children that their father died ''broke''. I smell a rotten fish, but then, I watch a lot of detective shows.

https://www.marketwatch.com/story/t...is-prenup-2019-12-08?siteid=yhoof2&yptr=yahoo

You don't need detective shows to rub off on you to know this is suspicious Catlady! I have a feeling that if his children challenge this, they'll come out ahead. It's just too obviously a manipulation of a sick, dying man to get her hands on his money. Hopefully there's something in the laws of his state that will help get this overturned. I wonder if she has the only access to the original pre-nup and will (since the lawyer who drew it up died). If so, that could present a problem.

 

[Butterfly]

You don't need detective shows to rub off on you to know this is suspicious Catlady! I have a feeling that if his children challenge this, they'll come out ahead. It's just too obviously a manipulation of a sick, dying man to get her hands on his money. Hopefully there's something in the laws of his state that will help get this overturned. I wonder if she has the only access to the original pre-nup and will (since the lawyer who drew it up died). If so, that could present a problem.

Most lawyers I've ever worked with have had some sort of plan for the handling of their files, documents and trust accounts in the event of their death. The local bar association or the state bar wherever the attorney practiced would probably know what happened to the deceased attorney's files.

 

[Butterfly]

Just acting as devil's advocate here, I would point out that just because a person is old or sick (unless it can be proven he was incompetent when he made the last will) does not deprive him/her of the right to do what he wants with his worldly estate, even up to the day of his death.

Just because it looks suspicious doesn't necessarily mean there is anything wrong. And in this state at least, it isn't easy to overturn a properly executed will. You can't just say it looks fishy, you have to prove that said "golddigger" improperly influenced him to change his will, and proving it is a whole lot harder than saying it.