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Can You Challenge a Marriage or a Deed Based on Incapacity in Orlando, Florida Area?

If you have an elderly relative who marries a much younger person, maybe twenty or thirty years younger, you may have concerns. This usually happens after an elderly person has been married for many years and their spouse dies. They may be lonely. They may be a vulnerable adult due to a decline in their cognitive functions. The elderly person usually has a substantial estate. That is because the elderly adult had a successful career and accumulated significant wealth. Many times, the elderly adult has planning documents and trust documents. The documents usually leave the bulk of their estate or the trust to the children of the first marriage.

Suddenly, the elderly adult is dating someone younger. Before you know it, they are getting married or have already married someone much younger than themselves. There may be a substantial difference in their ages. The children of the first marriage are beside themselves with concern. They believe the new spouse married their mother or father in order to obtain their money. What can the children do? Or, before the mother or father marries the new younger boyfriend or girlfriend, the boyfriend or girlfriend moves into your parent’s home. Then, you learn the boyfriend or girlfriend is now on the deed to the house as a joint tenant with rights of survivorship. Or, the boyfriend or girlfriend may now be controlling your parent’s checkbook. Or they may have received large sums of money from your parent as a gift. What can you, the child of the first marriage, do to protect your inheritance rights?

If your parent has early stages of dementia, you can obtain a letter from their treating physician and file for guardianship. You can also call Adult Protective Services at 1-800-NO-ABUSE, and you can file an Injunction for Protection Against Exploitation of a Vulnerable Adult pursuant to Florida Statute 825.1035. Exploitation of a vulnerable adult in the statute states that exploitation of a vulnerable adult includes a person 65 years of age or older who is or may be subject to exploitation as described in Florida Statute 817.5695.

Further, there will be more discussion on challenging the marriage and deed in another blog.

If you have more questions regarding an Elder Law or Guardianship matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com

This article is for informational purposes only and does not form an attorney-client privilege.