The problem is that-- since they have publicly held themselves out to be married -- it is most likely that they legally created a common law marriage and the property will be hers when he has passed. Any two adults can own property together without being married, but since your father and his ex have continued to live together publicly calling themselves married the law will see it that way. A wife has certain rights to inherit so, unless he makes a different estate plan, she is likely to inherit.
To your success,
Gale Allison, Attorney
Answered on Jun 27th, 2017 at 9:14 AM