Love found at Assisted Living. He was 93, widowed after a 71-year marriage. She was 89, widowed after a 65-year marriage. They met while living on the Independent side of the Assisted Living facility; both of their spouses had been in the nearby Memory Care. They wanted to marry again. Both had saved enough to pay for their care for the rest of their lives and leave something for their children.
I met her daughter at a Chamber meeting, and she asked what would happen to their money if they remarried. I explained that, by law, when they marry, each would gain a right to the other’s estate. She was surprised to hear this, and neither of them wanted that outcome. I made sure they both understood that there was a potential conflict of interest in representing both of them. They waived it because they had the same goal: when they passed, their assets would go to their children, and their expenses would be shared.
At their ages, nothing is guaranteed. They planned a cruise after the wedding, so we prepared documents to ensure that their assets would go to their children, not each other, when they died. I attended their wedding, and my notary and I sat with them just before they left, making sure all documents were signed. They are now back, enjoying life, and are happy knowing their children will be taken care of when they pass.
