From time to time we get an E-Mail that makes us realize that sometimes people can accidentally fall into a set of legal consequences they never intended.

Marriage is a contract between the parties that carries with it certain rights, obligations and consequences which may never be thought of when cupid fires his dart.

An E-Mail letter we received documented such a set of circumstances and legal consequences so clearly - and represents the plight of so many people we decided to reproduce it here.

We also reproduce here our response to the letter.

The Letter MY SISTER IS A VERY ILL LADY. SHE LOST HER FIRST HUSBAND AND IS NOW REMARRIED. THIS MARRIAGE IS IN NAME ONLY. HE DOES NOT AND HAS NOT EVER HELPED HER WITH ANY OF HER BILLS. SHE HAS TO HAVE SOME ONE WITH HER AT ALL TIMES. SHE IS A DIABETIC. SHE HAS A WILL BEFORE SHE REMARRIED. HER ATTORNEY HAS TOLD HER IT IS NO GOOD SINCE SHE REMARRIED. CAN SHE HAVE AN AMENDMENT TYPED UP TO THE EFFECT THAT THIS IS A MARRIED IN NAME ONLY AND EVERYTHING STATED IN THE ORIGINAL WILL SHOUD BE HELD UP TO BE TRUE. SHE HAS TWO SONS AND THEIR FAMILIES IN WHICH SHE WANTS HER LAND AND EVERYTHING ELSE BE GIVEN ACCORDING TO THE WILL. WHEN SHE DIES, CAN HE GET THE LAND? WILL THE AMENDMENT BE ENOUGH??? THANKS

Our Response Cannot second guess the opinion which has apparently already been given by your sister's attorney. The effect of the second marriage on the Will is determined by the law of the State where your sister is a resident. In Oklahoma, a surviving spouse has certain rights as provided in Title 84 O.S. Section 44 which he/ she may forfeit, but which cannot be taken away in a Will. In Oklahoma, a surviving spouse may not be disinherited but has the right to elect to take the share to which he/she may be entitled under the laws of intestate succession as provided in 84 O.S. Section 213. In Oklahoma the surviving spouse would be entitled to a 'child's' share of property owned by the deceased spouse which had been acquired before the marriage. The State where your sister resides probably also has similar statutes. The net effect is that the marriage actually changes the will in so far as it fails to make any provision for the spouse at death. A marriage is a marriage - and one is not a marriage 'in name only'. - the marriage has all of the legal consequences the law provides for a marriage. In answer to your question concerning typing up a document as an amendment to change the effect of the marriage on the will. It is possible that such a document could be prepared, but it would have to be joined into by her husband, acknowledging that he has no claim to any of her property which she owned prior to the marriage. See the second suggestion below. She cannot unilaterally deprive him of any inheritance the law has provided by statute. We always recommend that persons contemplating a second marriage prepare an Ante-nuptial agreement, providing that neither party claims an interest in the property of the other which was acquired prior to the marriage. Your sister's circumstance is precisely the situation which could have been avoided by such an ante-nuptial agreement. Two possible solutions, depending on the laws of the State where your sister resides, and upon the agreement of her present spouse. 1. - Divorce - prepare ante-nuptial agreement - then remarry; or 2. - It might be possible, depending on the laws of the State where your sister resides, to prepare a documentation of a pre-existing 'oral' ante-nuptial agreement. Your sister's attorney may have other possible suggestions, and you should depend upon his advice - not mine - since he / she is more acquainted with the laws of your state, and with the circumstances.