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Joanncakes Asked May 2015

I have court guardianship of my Dad. Now stepmom wants to fight it. Can she?

I have had it for 5 months. Stepmom is only fighting it because I present her with post-nup papers. She is my dads 4th wife. And she has one child who lived with them until he was 42. They have been married 31 yrs. My dad has four kids and I want to make sure they are taken care of as well as my dad. They both were bad gamblers. Her more so than my dad. She saw a lawyer today. What options do you think her lawyer told her were?

pamstegma May 2015
She can spend the money and challenge you in court. Of course the court will check her credit and background. You have to realize that as Guardian, you cannot use your position to benefit yourself, as in "taking care of his kids". You must only preserve his assets for his care.
I don't know what you put in his post-nup papers, but those would also have to be approved by the Judge who granted you Guardianship. If these documents alter or limit the rights acquired or inferred by marriage, the Judge can modify them or reject them entirely.
So if you basically tried to re-write his Estate, it's a no go.

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