Strollerderby

Grown Kids Try Forcing Dad To Divorce Second Wife In Court

Posted by Brett Singer

Older man, younger woman - it's all fun and games until somebody loses their inheritance.The death of a parent can be tough on the kids. So can second marriages. But usually when we talk about things being "tough on the kids", those kids are, you know. Kids.

This case in Dallas, Texas is a little bit different.

The dad, Claude Thomas, kept his marriage to Susana Martinez Ramirez a secret for a while. Like a couple of years. Why did he do that? Maybe because he thought his children would be concerned about the difference in their ages: Thomas is now 87, Ramirez is 45.

But hey, if he's happy, what's the problem? As usual, it comes down to money. According to Thomas' children from his first marriage (there are no children from the second marriage mentioned, and they would be too young to sue if there were), "their father's estate was valued at as much as $1.5 million. It's now estimated at $165,000, according to court documents."

It's possible that the elder Mr. Thomas is not "capable of making his own decisions." The article says that he, "early signs of dementia, but he appears to know what's happening around him. He's said in court that he wants no guardian – he's happy with his wife and her spending habits. And he has disputed testimony that portrays his wife as a villain."

The details are soap opera worthy. Ms. Ramirez "pushed the tea cart" at a local restaurant, and became close with Claude Thomas and his now-deceased first wife, Geneva Thomas. Some are claiming that the first Mrs. Thomas asked Ms. Ramirez to take her place when she died; the children say that's not true. To make matters even more complicated, Thomas works with his kids at a family business he started.

I'm conflicted about this one. Whose money is it, anyway? If the old man wants to let his young wife spend it all, do his children have the right to stop him? Is an inheritance a right? If Thomas is found to be mentally incapacitated, that's different, at least legally (I think). If not, I think the new wife can do whatever she wants to. The family business part makes this legally more complex (again – I think). But the main issue of inheritance and what happens to it when there's a second marriage is something we can expect to see more of, according to Terry Hammond, executive director of the National Guardianship Association. "It's a case indicative of where we are as a society…accumulated financial wealth is a target. And the exploitation and love, or the appearance of love, is one of the first ways to an elderly person's heart." I'm sure that's true. But is it always the case? Is this particular situation Harold and Maude, Woody Allen and Soon Yi (I know, ew, but I don't think she's after his money), Michael Douglas and Catherine Zeta-Jones? Or is it Anna Nicole Smith and James Howard Marshall II, Paul McCartney and Heather Mills?

Source: Dallas Morning News

Image: funatiq

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Comments

 

TEXAS DIVORCE said:

I think this letter is fascinating and delighted by it will always be on this page

November 18, 2008 5:29 PM
 

Sandy Reed said:

As the co-owner of a family business, and the owner of the International Association of Women in Family Businesses, I have to say that I would be very concerned about the second wife's ability to have access to the money and assets of the family business.  Many years of hard work has usually gone into these businesses; and if children are also a part of the business, their best interests, and the longivity of the business, should be protected.  Hopefully this will occur long before a situation like this comes along...

November 19, 2008 11:44 PM
 

Noodlemonkey said:

I agree that a grown man (if mentally actute) should be able to spend his money as he wishes.  I also feel strongly that the way he choses to divvy up his fortune in his will should be respected.

November 26, 2008 7:55 AM
 

Lindy said:

But the man in question is 87 years old. If wife #2 spends all his money who will pay if he needs long term care? I imagine that responsibility will fall to his children so the new wife is impacting much more that one person's assets. I would hope the business assets have been protected since it's establishment.

December 6, 2008 3:01 PM

About Brett Singer

Brett Singer is a writer and father living in Manhattan with his wonderful wife and two terrific sons (referred to here as Thing 1 and Thing 2). He writes about music for the Boston Phoenix, parenting for Babble and daddytips.com, and other topics for anyone else who will have him.

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