Monday, November 17, 2008

Adult Children vs Second Wife

Claude Thomas married Susana Martinez Ramirez in 2001, but he kept it hidden from his adult children for at least two years.

When they finally found out, they were shocked. That shock turned to anger when his four children realized that most of his estate – and their inheritance – had vanished.

Now the children are asking an Ellis County family court judge to divorce the 45-year-old Mrs. Thomas from their 87-year-old father and award custody of the ailing man to one of his sons.

Mrs. Thomas' attorney said his client is entitled to Mr. Thomas' money because they're married. But his children say she is taking advantage of Mr. Thomas, spending his money on her own children and their father, Santiago Diaz.

At issue for the court is what's best for Mr. Thomas and whether he's capable of making his own decisions.

Mr. Thomas' children said they will fight to protect the family legacy. They estimate their father's estate was valued at as much as $1.5 million. It's now estimated at $165,000, according to court documents.

While Mr. Thomas' future is the subject of the guardianship case, the money is the chief issue in a separate civil case filed by the children against Mrs. Thomas. The initial court hearings in that case are pending.

Full Article and Source:
Adult children ask judge to divorce their father from his second wife

8 comments:

Anonymous said...

This is very sad. Many times where the widowed parent takes up with or marries a much younger person, the family and people in general automatically assume two things:

The younger person is only interested in money.

The family's inheritance will be stolen from them.

I think in this case, if the second wife makes the father happy, then that should be the children's concern.

The inheritance is still Father's money until he dies nnd he should have every right to do with it (or squander it) if he wishes.

tvfields said...

Similar problems can arise when a widow marries a widower, even if they have a mutually-agreed upon prenuptial agreement. In my father's case, the widow and her daughter, an attorney, took advantage of my father on his deathbed, just hours before he died, just hours after cancer ruptuted his stomach, causing the hospital to place him under a Do Not Resuscitate order and start him on a morphine drip. Want more information about this experience, the loopholes in our laws, and who's responsible for them? Write me at tvfields@oh.rr.com

Anonymous said...

This is a sorrowful account of the dark side.

Anonymous said...

The main thing to remember is that the courts and the court's friends are going to wind up with way more than this man's family, the rightfull heirs, and this man is going to be robed of the rest of his life and life savings by the courts.

This is just great, now that the courts are involved, the poor man is and will loose his life and anything that his new wife hasn't taken.

Here is what will happen to him now, or in most cases where the courts get involved:

Here is a list of the abuses that I claim our elderly are being put through by the courts and its appointed "PROTECTORS":

1. The courts take them and lock them up against their will, and put them in nursing homes. THEY ARE MADE PRISIONERS WITH NO CHARGES MADE AGAINST THEM
2. The courts allow lies against family members, and thus isolate the elderly person from their family and friends, and the elderly are told in most cases that the family and friends do not care about them, thus brain washing them into believing these lies. Mean while the family are in court fighting the courts appointed "guardians and attorneys" for their loved ones rights or to be the ones to care for their loved ones.
3. The courts allow the "PROTECTORS" to put the elderly on medications such as antidepressants and tranquilizers to "CALM THEM". They are trying to calm them because the elderly person want to go home and be with their family and friends, and they are expressing this to no avail from the top of their lungs daily. Since they are not allowed to go home, they get upset and this is a hazard to them because it causes their blood pressure to go up, and then the medications cause other medical problems.
4. The "PROTECTORS" take over the finances and estates of these elderly, they either sell, donate, or throw away everything, what they sell they put in their own pockets, what they donate should be given to the family, and the family should have the opportunity to say if the things thrown away should be thrown away or not. The elderly have no say if the family should keep anything or not. HOMESTEADED PROPERTY IS SOLD SO THAT THE PROTECTORS CAN TAKE AND CHARGE MORE MONEY.
5. Most of these elderly people’s money and estates go to pay for the care of that person; it mostly goes to pay the "PROTECTORS". In my instance the "PROTECTORS" did not even want to use the money for a Pre-need Funeral Plan for my father-in-law, and my son had to put up the money until a pension plan savings check came back from where my father-in-law worked.
6. The "PROTECTORS" are charging outrageous fees to do these things to our elderly and their families are helpless to REALLY PROTECT THEM.
7. The courts do not over see that these abuses are not happening to the elderly they are supposed to be protecting, but in fact they listen to the attorneys who are in front of them daily, and the guardians that they deal with daily.
8. The courts allow the appointed attorneys and guardians to take and charge outrageous fees to ABUSE OUR ELDERY, and this in turn makes our elderly without a way to pay for their care, (they even cancel life insurances, health insurances,...) then they put them on Medicaid for the state to pay for.

I do not know which is worse a gold digging family member or the courts.

Anonymous said...

AMEN Kim!
The real question is, is the father in full control of his faculties, or is he under undue influence from the second wife? Hard to say without more knowledge of the case.

Anonymous said...

If there is anything left of this estate, the court and their lawyers will take it.

Anonymous said...

The family needs to sit down with Dad and actually talk to him and try to work this out without the court.

If they believe the wife is a gold digger, then they should settle with her to get her to move on - rather than let the court make a decision that will only make Dad more vulnerable.

Anonymous said...

Lawyers thrive and depend on conflict, pain and suffering for income.

So, when you see or read a sad tragic story, remember others are not so sad; they are seeing $$$$$$$$$$$.

The American Way!