My 92-year-old dad is getting married without a prenup. I'm afraid I’ll lose my inheritance to his new wife and her kids. What can I do?

My 92-year-old dad is getting married without a prenup. I'm afraid I’ll lose my inheritance to his new wife and her kids. What can I do?


February 12, 2026 | J.D. Blackwell

My 92-year-old dad is getting married without a prenup. I'm afraid I’ll lose my inheritance to his new wife and her kids. What can I do?


A Sunset Marriage

When an elderly parent remarries late in life, their adult children often worry about what happens next. Without a prenuptial agreement, marriage can have a big effect on inheritance outcomes. Laws are set up to protect spouses, not children’s inheritance expectations. This situation brings legal uncertainty, emotional strain, and real financial risk for children who were otherwise confident that prior plans would stay unchanged.

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Marriage Changes Things Immediately

Once your father marries, his new spouse gains significant legal rights. In most jurisdictions, spouses automatically inherit a portion of the estate, even if the will says otherwise. These rights exist regardless of whether children approve, and they apply no matter how long the marriage lasts.

A man is writing on a piece of paper with a pen. The paper has a ring on itMdisk, Shutterstock

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A Will Alone May Not Protect You

A lot of people assume that an existing will controls everything. But the reality is that spousal election laws often let a surviving spouse claim a statutory share of the estate, overriding the will. This means your father’s current estate plan could be legally reshaped after his death.

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Prenups Matter Most In Late-Life Marriages

Prenuptial agreements are especially important for second or late-life marriages because both partners often bring assets and families. Without one, the law steps in as a default referee. Courts don’t look at past promises or family expectations, they only assess legal marital rights and statutory protections.

Female layer and senior couple going through will during a meeting in the living roomGoksi, Shutterstock

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Joint Assets Can Transfer Automatically

Marriage can change how assets are titled. If your father adds his spouse to bank accounts, property, or investments, those assets may pass directly to her outside the estate. These transfers can greatly reduce whatever amount is still left over for children, even if no changes are made to the will.

close up of an open bank passbook with blank transaction fields, accompanied by three orange,black and white credit cards isolated on a blue backgroundHight Photography, Shutterstock

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Beneficiary Designations Can Override Wills

Retirement accounts, pensions, and life insurance policies don’t get passed on by wills but according to beneficiary designations. In some jurisdictions, a spouse automatically becomes the default beneficiary unless they waive that right formally. This can redirect major assets regardless of any prior planning or family understanding.

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The New Spouse’s Children May Benefit

Even if your father intends to leave assets only to his new wife, her children may eventually come into the money through her estate. Once his assets transfer to his new wife, they generally become hers to distribute. This creates a long-term inheritance shift that children often overlook.

Adult children help an elderly mother and tell her how to make a will while sitting at home in the kitchen during Christmas.BearFotos, Shutterstock

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Capacity And Undue Influence

At age 92, it’s not unreasonable for you to have concerns about mental capacity or undue influence. But courts set a high bar for proving incapacity or manipulation. Simply disliking the marriage or disagreeing with your father’s decisions is not enough. Legal challenges in this area are tedious, expensive, and emotionally damaging.

Terminal patient talking with notary about his last willGround Picture, Shutterstock

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Conversations Are More Important Than You Think

An open, respectful conversation with your father might be the most important first step. Many parents have no idea how marriage changes inheritance law. Framing the discussion around clarity, fairness, and protecting the interests of everyone involved can sometimes lead to a change of heart and voluntary planning adjustments.

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Encourage An Updated Estate Plan

Even without a prenup, your father can update his estate plan. This could include such changes as: revising his will; setting up trusts; or clarifying beneficiary designations. While spousal rights still apply, thoughtful planning can reduce some of the uncertainty and minimize disputes that could potentially arise later.

Senior couple sitting at the table with financial advisor reading documents and consulting in the roomAnnaStills, Shutterstock

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Trusts Can Add Protection And Structure

Trusts are often used in blended families to balance spousal support with children’s inheritance. A properly structured trust can be a source of income or housing to a spouse while preserving remaining assets for children. Your family will need professional legal help with it but this is a commonly used alternative in similar situations.

2700934625, Senior Couple Meeting With Female Financial Advisor In OfficeMonkey Business Images, Shutterstock

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What You Can And Can’t Control

As tough as it is to accept, adult children have no automatic right to an inheritance. Your father is legally entitled to remarry and manage his assets however he chooses. Coming to grips with this reality will help you set realistic expectations and reduce the shock of outcomes shaped by law rather than intent.

Serious 60s elderly father and grown up adult son sitting on sofa talking having important conversation trying to solve life issues problem, different men relative people communication at home conceptfizkes, Shutterstock

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Don’t Be Aggressive

Threats, legal demands, or hostility can all backfire on you. They may push your father to further distance you from his decision-making or accelerate asset transfers to his wife. Courts also tend not to look too kindly on children who appear coercive or financially motivated.

Young son and elderly father having conversation. White haired old man in his 60s or 70s sitting on sofa at home together with adult son, talking about life and sharing advice. Senior parents conceptStudio Romantic, Shutterstock

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Timing Is Important

Some planning options depend on you acting before the marriage goes through, others after. Once married, spousal protections often lock in. Knowing ahead of time what can still be changed—and what can’t—demands that you have access to timely legal advice. Waiting until after death sharply limits available remedies, to put it mildly.

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Get Independent Legal Advice

Consulting an estate or elder-law attorney doesn’t mean you have to start a fight. But it does help you understand local laws, spousal rights, and realistic outcomes. Advice tailored to your jurisdiction can clarify which of your fears are valid and which of them are unlikely to materialize.

Client meeting with a lawyer, discussing a legal problem and receiving professional consultation in a modern officeantoniodiaz, Shutterstock

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Estate Litigation Doesn’t Often Pan Out

Many inheritance disputes wind up with reduced estates simply due to the legal fees and prolonged conflict involved. Even successful claims generally don’t restore original expectations completely. Litigation should be your last resort, and you should pursue it only with clear evidence and professional guidance.

Young troubled man touching his head and looking through financial bill while sitting on couch in front of table with laptop and papersPressmaster, Shutterstock

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Emotional And Financial Overlap

Inheritance conflicts are rarely just about money alone. They often reflect fears of displacement, grief, or loss of control. Understanding the emotional side of the issue can help you make calmer decisions that save family relationships wherever possible.

Confused young male businessman sits in the office in front of a laptop and looks thoughtfully at the screen, concentrates on a new project, solves a problem.TetianaKtv, Shutterstock

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Blended Families And Long-Term Effects

Late-life marriages don’t just affect immediate inheritance. They shape future caregiving decisions, housing arrangements, funeral arrangements, and all sorts of other difficult family dynamics. Addressing these broader issues early can reduce conflict and resentment among all parties concerned.

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Clarity Vs Control

The most important thing to remember here is that you can’t control your father’s choices. But it’s still possible to get clarity. Knowing how the law works, what planning tools exist, and where boundaries lie helps you act from a place of knowledge instead of fear. That clarity is often more valuable than any specific legal outcome.

Sad unhappy young woman looking out the window, profile view, copy spaceVH-studio, Shutterstock

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Get Ready For An Outcome You May Not Like

When all is said and done, your inheritance may change or shrink despite your best efforts. Preparing yourself emotionally and financially for that possibility protects you from deeper harm. While planning can help, acceptance of uncertainty is an unavoidable part of navigating late-life family transitions.

Close-up of a businessperson's hand reaching for a confidential folder on an office desk, symbolizing urgency, data handling, document management, and business communication in the workplaceCherdchai101, Shutterstock

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Sources: 1, 2, 3, 4, 5


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