Edith Hill, 96, and Eddie Harrison, 95, a couple from Virginia, recently married after a 10 year relationship. Though this case has all makings to be a happily ever after and feel good story, the newlyweds are facing some push back from members of their family and the legal system. According to sources, Edith was declared legally incapacitated a few years ago, so the fact that she got married without the court’s permission is an issue. In today’s blog our PA Family Lawyers explain the situation and what you can do to avoid being faced with similar legal issues.
Despite the fact that she was taken to the church to get married by her daughter, who is one of her legal guardians (the other is her second daughter, who is not happy about the wedding), a Virginia judge was not pleased that the ceremony took place without the clearance of a court of law. The family members that are contesting the validity of the marriage, because it was done without their knowledge, are worried about the effect it will have on the distribution of Hill’s estate.
Though we sincerely hope this couple is allowed to live happily ever after as husband and wife, the situation they are facing raises some legal issues which are not entirely uncommon in the PA Family Law system. One of these situations is the effect of marriage on inheritance, especially if one or both spouses are marrying for a second or third time and either, or both, does not have a Pennsylvania Will.
Two potential solutions exist in this situation, the first would be to draft a PA Will and the other would be to enter into a Pennsylvania marital agreement. If you make the determination before the marriage you should contact a Pittsburgh family lawyer so you can draft a prenuptial agreement. But even if you don’t consider these issues until you have already tied the knot, as is the case with Edith and Eddie, and wish to get a postnuptial agreement, there are ways to protect your pre-marital assets and deal with inheritance issues via a postnuptial agreement.
If you are planning your own wedding and would like to draft a Pittsburgh martial agreement or Pennsylvania Will, contact our PA Family Lawyers at Lisa Marie Vari & Associates. Our team of experienced attorneys will work with you to make sure that all your assets and inheritance issues are taken care of so that you can enjoy your life as a newlywed as we hope Eddie and Edith do.