Late-in-life marriage can bring companionship and happiness. But it can also create serious estate planning risks, especially when significant wealth and trusts are involved.
I wish I could say that I made this story up, but my imagination is not that good.
A Cautionary Tale About Marriage and Estate Planning
Don was wealthy. How wealthy? Let’s just say that it was the type of wealth where estate planning usually involves trusts, and Don had a lot of trusts.
Don’s wife of 44 years died. Still grieving and suffering from throat cancer, Don married a woman named Sue. She told Don she had served in the Swedish military through the US Marines and had sold her aviation company for $90 million.
Sue handled Don’s finances after the marriage. She purchased items such as a yacht and a jet. Somehow, a multi-million-dollar property Don had owned was deeded to Sue’s personal trust. His ranch was listed for sale for $18 million. Sue used some of Don’s money, supposedly given to her, to purchase a mansion in another state in her name.
Changes to Trusts and Wills After Marriage
During their marriage, Don became estranged from his two children. He signed new trust documents and new wills that disinherited his children and appointed Sue as a successor trustee.
Just 16 months after marrying Sue, Don died. His two children sued to challenge his new estate planning documents. The court enjoined Sue from controlling certain assets.
Red Flags That Emerged in Estate Litigation
At a hearing, several things came out. Sue had filed for bankruptcy in 2012, but there was a question regarding whether she had fully disclosed her financial information on the bankruptcy schedules. She had admitted to taking $200,000 from someone else’s account without his permission. Then she denied in court that she had ever told Don about the Swedish military or her aviation company, although those conversations had been recorded. She denied she had ever taken the $200,000 or had told others that she had multiple college degrees, but it turned out she had previously said the opposite in sworn deposition testimony.
Then, she admitted that she had no college background, although she had previously represented that her degree was from the Massachusetts Institute of Technology. Also, she had said, under oath, that she had multiple college degrees, having attended the University of Hawaii, San Diego State, the University of Florida in Gainesville, the University of Boulder, Buxton State, and Cal State.
Later, she testified she had been married six times and admitted that a seventh man claimed they had a common law marriage. She admitted she had been involved in a lot of litigation.
Identity Concerns and the Fifth Amendment
Even Sue’s name was suspect. She admitted she had gone by three different names, but the evidence showed that she had also used a fourth and fifth name. Then she invoked her Fifth Amendment right against self-incrimination when shown her birth certificate.
She went on to assert the Fifth Amendment in response to more than 20 questions. That included questions about her date of birth, her name given at birth, the names of her parents, why her United States passport had been seized, and whether the date of birth given on her marriage license had matched that on her birth certificate. It did not.
A History of Litigation
In a 20-year-old Michigan Court of Appeals case involving a custody order on Sue’s son, the court had called her a con artist, scam artist, and psychopathic liar and said that her life resembled a soap opera. Then she had invoked the Fifth Amendment when questioned about her identity.
The case about Don’s estate, the court ordered a receiver to manage the trust assets. The litigation may take years to complete.
Estate Planning Lessons Before Marriage
Some lawyers recommend doing a background check before marrying late in life. That’s not a bad idea.
When substantial assets, trusts, and children from prior marriages are involved, proactive estate planning and careful due diligence can prevent years of costly litigation and family conflict.
Hammerle Morris Is Here to Help You Plan with Confidence
Major life changes like marriage can affect existing trusts, wills, and long-term estate planning decisions.
At Hammerle Morris Law Firm, we help clients thoughtfully evaluate these transitions and create plans that protect their intentions and preserve family harmony. Schedule a consultation to ensure your estate plan remains aligned with your goals and your legacy.
Virginia Hammerle is an accredited estate planner and represents clients in estate planning, probate, guardianship, and contested litigation. She may be reached at legaltalktexas@hammerle.com. This blog contains general information only and does not constitute legal advice.
