Marriage among those over age fifty-five is on the rise.While younger people are trending toward staying single, the opposite is true for older people. For those who have married and are either widowed or divorced, the likelihood that a remarriage will occur has been steadily increasing since the 1960s. Although the old saying states that “love conquers all,” that does not mean that solidifying that love into a legally recognized marriage is always a good idea.
In any case, the solutions to the following problems are beyond the scope of this paper. There are entire continuing education courses on premarital agreements, Medicaid planning, government benefits, wills and trusts, and probate and guardianship. All of these provide solutions to addressing many of these problems either as preventative measures or as dispute resolution. Instead, this paper focuses entirely on identifying the relevant laws and regulations that pose the most common problems in those who fail to pre-plan.
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