One can challenge asset distribution in such a case if one is able to prove fraud, coercion or undue influence.

Both men and women can be victims of this type of elder financial abuse, sometimes referred to as “sweetheart scams.” They are most often carried out when the elder has suffered some deep personal loss (i.e., death of a spouse) and is left feeling isolated and lonely.

Although other loved ones may not have a problem with their parents spending money on a younger romantic interest later in life if that is what makes them happy. However, the concern is if that person ends up scamming the elder and leaving them destitute in their last days.

A probate litigation attorney can help prevent this by helping to protect certain assets from being taken by putting them into a trust. It is important to take action before the elder person becomes too vulnerable.

If you think your loved one married while lacking the mental capacity to consent to such a contract, talk with an estate attorney. There is a low capacity bar to enter into marriage, so such a case can be difficult, but that doesn’t mean it’s impossible. Marriages can’t be voided post-death, legally speaking, unless you can show coercion, fraud or undue influence.

Call Fort Lauderdale Probate Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Stern v. Marshall, June 23, 2011, U.S. Supreme Court