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legalgems, Lawyer
Category: Legal
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I have a question about drawing social security and from an

Customer Question

I have a question about drawing social security and from an annuity if I just married a minty two years almost on his death bed?
I have been caretaker from his wife and him for twenty years. She had altzheimers for several years before she passed.. Then taking care of him. He left me the house, but I've put my careers on hold couldn't even work a full time job to draw income. I have power of attorney and am sole hair in his will.
Is this an ethical issue? Any illegal about marring him now to collect his benefits to help
Maintain the home?
Submitted: 5 months ago.
Category: Legal
Expert:  legalgems replied 5 months ago.
Can you please clarify?The person that you married is the person you were a caregiver for (and still are, or is he deceased)?
Customer: replied 5 months ago.
I haven't married yet. And yes, I am still the caregiver he is 92 years old
Expert:  legalgems replied 5 months ago.
TN does not have a law that precludes a caregiver from being named heir, so long as the testator is of sound mind. In fact, here is a well publicized case. If one marries strictly to obtain public benefits, the government can challlenge the validity of the marriage, and declare it void as against public policy. Also a relative will be able to challenge (but not necessarily win) based on undue influence (this is a common assertion in caregiver cases) the will; however the court will look to the circumstances of the case to determine if the testator was of sound mind, if the caregiver's actions were unduly manipulative, if the testator had a close relationship with family yet completely disinherited close family in favor of the caregiver, etc.So any estate planning should be done in the presence of an attorney to ensure that the attorney can vouch for mental competence; similarly any medical providers will likely be called to testify should there be a challenge to the will.So long as the individual is of sound mind and the marriage is not designed for fraudulent purposes, ther e are no restrictions. Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
Expert:  legalgems replied 5 months ago.
Also please see:
Expert:  legalgems replied 5 months ago.
checking in while the question is still open to see how things worked outHave a great day!

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