View Full Version : Marrige based on incompetence
marie03
Dec 13, 2009, 07:41 AM
Person with brain cancer and give 3-5 months to live, was incoherent most of the time, is this marriage legal
tickle
Dec 13, 2009, 07:44 AM
Is this a legitimate question ? If it is, is is rather cold. Do you want out of the marriage based on these circumtances.
You could explain more.
Tick
marie03
Dec 13, 2009, 07:48 AM
I don't know what tick is ticked about I never said anything about getting out of a marrige My question was is this legal, now if you all don't have some helpful information don't reply
excon
Dec 13, 2009, 07:51 AM
Hello marie:
Before a good answer can be given, we'd need a few more facts... If you'd tell us the whole story, we can help.
My GUESS is that your rich father got a terminal illness. Before he goes, though, he hooked up with a young hot blonde who married him. Now you're not going to get the inheritance you thought you would. So, you want to know if the hot blonde gold digger tricked your father into marrying him...
Or, it could be something else.
excon
Fr_Chuck
Dec 13, 2009, 07:58 AM
It is legal until it is proved in court that the person was not competent.
There will have to be a challenge in court of the marriage ( within the time limit allowed by that nation or state if in the US)
Then there will have to be proof presented from doctors, medical staff, or mental health professions that the one party was not able to make rational choices.
In the hearing would be also the clerk of the court who issued a marriage license and their opinion of the state of mind, also the minister or judge that did the service as to their opinion.
Also one of the "key" issues is even in your statement that they were not competent " MOST OF THE TIME"
During that time that they were mentally able they had the choice to get a divorce or an annullment. So the question in court will also be why she did not do something then
marie03
Dec 13, 2009, 08:02 AM
i don't know what tick is ticked about I never said anything about getting out of a marrige My question was is this legal, now if you all don't have some helpful information don't reply
You know I thought like a dummy I could ask a question and get a professional answer, now how many of us have rich fathers, my father has been dead about 17 years, this is not about me, and why does it have to be a hot blond thing, what about a old greedy one eye, two horns, flying puple people eater, I see from the answers I have gotten so far there is no prfessional intellegent people on this line and that what I thought might be a true help line is just another chat group
excon
Dec 13, 2009, 08:08 AM
Hello again, marie:
Well, you didn't supply enough information, as BOTH tick and I suggested... So, we were BOTH left with guessing... Apparently, you thought we were BEYOND intelligent, and could read minds too...
Bummer for you that we're just ordinary people who know stuff, waiting to help ordinary people like you...
But, not after we've been insulted.. And, for no good reason too. So, stick your questions...
excon
Fr_Chuck
Dec 13, 2009, 08:13 AM
And what was my answer??
This is why posters perhaps should merely have threads closed if they don't provide enough info.
And even when they do come back they still refuse to give any help with more info, only fuss
LisaB4657
Dec 13, 2009, 08:17 AM
Know what, Marie? I'm an attorney. I could've given you an answer. But I didn't. Because I read the answers you already received and guess what? THEY WERE CORRECT.
The more info you provide, the more detailed of an answer you will receive. The more nasty attitude you provide, the less of an answer you will receive.
excon
Dec 13, 2009, 08:19 AM
Hello again, Padre:
Yeah... She spent 10 minutes chewing us out, instead of providing the information we needed... Some people.
But, as usual, you're more charitable than me. I noticed you DIDN'T close the thread in hopes that MAYBE she really wants an answer, and MIGHT come back to help YOU help her...
But, nahhhh.
excon
Fr_Chuck
Dec 13, 2009, 08:35 AM
Yes, it sounds like a hier is unhappy they will not get something to me, but we may never know, we can only guess why someone would care if a person was happy perhaps during their final days.
tickle
Dec 13, 2009, 08:38 AM
i don't know what tick is ticked about I never said anything about getting out of a marrige My question was is this legal, now if you all don't have some helpful information don't reply
Tick isn't ticked, sweetie. You picked the wrong forum to get a legal question answered, being in 'marriage' won't do it. You should have gone to 'law' and picked maybe 'family law'.
As far as I knew you could have been a student asking a homework question, it happens, we get all kinds and we don't assist with homework.
Now, if you want to get back to square one, you can explain a bit more and you will get some good answers, but attitude doesn't go far here. Go back and read your question over again and see how it sounds in retrospect, maybe you will realize what we want.
Tick
marie03
Dec 13, 2009, 08:46 AM
Thank you kindly for your comments, it helped me to evaluate more, let me tell you the person has died without his children knowing about the marriage and one of his daughters was with him every day carring him for his cemo and radiation teatments and this was done without her or his other two children knowledge
Fr_Chuck
Dec 13, 2009, 08:49 AM
And there is no need to tell anyone. Perhaps he knew they would not approve and did not want to fight about it.
So why are the kids upset ?
excon
Dec 13, 2009, 09:05 AM
Hello marie:
You still left a lot of holes, but my guess is you don't have the information...
The Padre hit on the LEGAL question. IF he was incompetent WHEN he applied for a marriage license, the marriage could be declared null and void.
So, WHEN the marriage happened IS a crucial piece of information... You DID use the word MOST of the time, which of course, leaves a few minutes here and there when he WAS competent and able to make a decision.
He's ALSO correct, as I was, about this being about MONEY... Therefore, the above is speculation at best. So, if the disinherited person wishes to challenge the will, that person needs to hire an attorney.
excon
marie03
Dec 13, 2009, 09:06 AM
Fr Chuck this is the answer you provided that I was thanking you for, We are already grieving enough so once angain I thank you for your answer, The others with education and behind bars, and the nurse (I.m one two) needs to check themselves too. (your answer) {It is legal until it is proved in court that the person was not competent.
There will have to be a challenge in court of the marriage ( within the time limit allowed by that nation or state if in the US)
Then there will have to be proof presented from doctors, medical staff, or mental health professions that the one party was not able to make rational choices.
In the hearing would be also the clerk of the court who issued a marriage license and their opinion of the state of mind, also the minister or judge that did the service as to their opinion.
Also one of the "key" issues is even in your statement that they were not competent " MOST OF THE TIME"
During that time that they were mentally able they had the choice to get a divorce or an annullment. So the question in court will also be why she did not do something then.
__________________
marie03
Dec 13, 2009, 09:26 AM
The kids' father shot and killed their mother about 20 years ago, and through a-lot of pain grieve and prayer The Lord brought a reunion with the kids and their father in the last five years, and then he got cancer, and stood by him, although he had a lady friend he kept stating they were not married, and now they were left out in the cold of just helping making funeral arrangements, He always thold the kids that their older sibling was executor, they were stunned and in shock, and hurt, and I am someone who help raise them, and it kills me to see them hurt again so this is why I asked
Fr_Chuck
Dec 13, 2009, 09:31 AM
First is there a will, verbally you ca not appoint an executor. And in some US states the children can still get part of an estate if there is no will.
The will is the other issue, if there is one, were they of sound mind when they made it, ( even if the marriage is voided at some time) the will would still be valid and it also will have to be proved to be invalid.
marie03
Dec 13, 2009, 09:41 AM
Fr_Chuck
THANKS