Family Law Questions? Ask a Family Lawyer Online.
Hi - my name is ***** ***** I'll be glad to assist.
SO LONG AS they are married, the wife is going to be given priority and authority to act on his behalf and to handle affairs of the estate. So, the father should seriously consider taking action - - at a minimum, having an appointed power of attorney and a sold will that appoints someone else to be the executor/trix and to handle the affairs of the estate would be great. BUT, a spouse generally cannot be legally excluded from a will. So, if he tries to exclude her, she could challenge (likely successfully) and have the will voided.
Thus, he is much better off to file for divorce and sever that bond/contract. That would prevent her from having the ability or right to inherit or to have any say over his affairs.
No, anything that passes outside of his estate would not be accessible to her. BUT, anything he owns at the time of his death that isn't payable upon death, transferrable upon death, joint tenancy with you, etc. would go into his estate.....and she'd have access to those things.
That really just depends on how much the parties want to fight. Some divorces can be done for less than $2000 and some can cost more than $10000.