Legal Question in Wills and Trusts in Pennsylvania

Inheritance & Divorce

My brother is legally separated from his wife. They are in the process of getting a divorce. If my father should pass away, would my brother's soon to be X-wife be legally entitled to any of his inheritance from my father?

Does being ''legally separated'' prevent her from making claim to 1/2 of his inheritance or must they be ''legally divorced''?

Thank you.


Asked on 3/12/06, 10:15 pm

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

Re: Inheritance & Divorce

First in Pennsylvania you are never "legally separated". There is no action you could file to separate.

That said the next question is does your father have a will. If he does then who ever he names as recipients of a bequest (personal property) or a devise (real Property) get to take under the will.

If he does NOT have a will. The the intestate statue comes into play. I hazard a supposition that your father's parents are not alive. If the were they would be heirs. If you father's wife is alive she would be an heir. As would you and your siblings. Your brothers wife is NOT an heir even if they were happily married. Further any inheritance from your father is NOT marital property and subject to equitable distribution.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 3/13/06, 9:16 am


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