Legal Question in Wills and Trusts in Pennsylvania

Spouse dies, leaving only adult child as executor in will. Remaining spouse has name on property deed. Child is step-child. how is assets divided?


Asked on 8/23/14, 8:11 am

1 Answer from Attorneys

Wills only govern probate assets. Land is not a probate asset if the land was owned by husband and wife as tenancy-by-the-entireties. If that is the case, then surviving spouse gets land totally outside of probate. Naming an executor in a will means nothing as far as inheritance unless the executor is also a beneficiary.

If there is a will, surviving spouse gets the family exemption and whatever else the will leaves to him/her and the other beneficiaries. Unless the will specifically names the step-child as a beneficiary, step child inherits NOTHING.

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Answered on 8/23/14, 1:30 pm


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