Understanding Deathbed Marriages in Florida
Oftentimes, our loved ones fall ill or reach an advanced age where their mental capacity diminishes. This makes them prey for people pretending to love them or care for them, while their motive is to gain a quick inheritance after their death by pressuring them into marriage. If you believe your loved one may have been manipulated, deceived, or pressured into marriage near the end of their life, understanding deathbed marriages and laws that can help you challenge them is important.
What Is a Deathbed Marriage?
A “deathbed marriage” is a marriage that happens shortly before one spouse dies. The marriages often take place when the deceased person was elderly, ill, vulnerable, or mentally impaired. There are many legitimate relationships and marriages that happen late in life that are based on genuine affection. However, some people also use fraud, manipulation, coercion, or undue influence to convince a vulnerable person to marry them.
In Florida, marriage can create significant inheritance rights for a surviving spouse. A newly married spouse may suddenly gain rights to:
- Inherit property
- Receive an elective share of the estate
- Receive benefits from wills, trusts, or life insurance policies
- Access homestead rights
- Serve as a personal representative of the estate
As such, if you believe your loved one’s marriage was suspicious, challenging it may be critical.
Florida Law on Challenging Deathbed Marriages
Deathbed marriages were increasingly becoming concerning, so Florida law addressed this issue through Florida Statute Section 732.805, Spousal Rights Procured by Fraud, Duress, or Undue Influence. Under this law, if a surviving spouse is found to have obtained the marriage through fraud, duress, or undue influence, they may lose inheritance and financial rights connected to the marriage. This can include rights to:
- Inherit through intestacy laws
- Receive homesteads or exempt property rights
- Benefits from certain trusts or wills
- Claim an elective share of the estate
- Collect benefits from insurance policies
The law may treat the surviving spouse as if they passed away before the deceased person.
Who Can Challenge the Marriage?
Florida law allows interested parties such as family members, beneficiaries named in estate documents, heirs, or other individuals with a financial interest in the estate to challenge the surviving spouse’s rights after the decedent’s death. You can raise the challenge during probate proceedings or other legal matters where the validity of the marriage affects inheritance rights.
It’s worth noting that the person challenging the marriage carries the burden of proof. They must show by a preponderance of evidence that the marriage was obtained through fraud, duress, or undue influence. Undue influence involves excessive pressure or manipulation that overcomes someone’s free will.
Some of the common evidence you may present includes:
- Medical records
- Witness testimony
- Financial records
- Caregiver involvement
- Sudden changes to estate plans or beneficiary designations
Can the Marriage Still Be Upheld?
Yes. Even if fraud or undue influence is alleged, the surviving spouse may argue that the deceased later ratified the marriage. Ratification means the deceased knowingly accepted or continued the marriage after learning about the alleged misconduct.
Legal Help Is Available
Given that you have only four years from the date of death to challenge a deathbed marriage, acting as early as possible is important. If you believe your loved one was manipulated or pressured into marriage before their death, contact our Miami probate & estate litigation lawyer at Valero Law today by calling 305-607-7011. We serve clients in Davie, Broward County, Coconut Grove, and Miami-Dade County.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.805.html
