Q: My father had dementia and was addicted to prescription pain medicine. He married another drug addict.
He passed away and they have been married for less than a year. Can the marriage be voided by the courts if proven that he was incompetent in Tennessee? I have video proof of his decline, medical records etc.. I was not even told about the marriage until after his death. She is attempting to keep all of his estate. Is her marriage valid?
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A: It is probably impossible to Annul the alleged Marriage. But you should check to see if they were actually married, that is make her produce a Marriage Certificate. If there is substantial property, you may wish to file for a Probate Administration. As the Surviving Spouse, she will be entitled to at least a third of the Estate and a year's support. If there is real property, you may wish to file for a Partition to cash out your child's share (one-half or less)
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