Legal Question in Family Law in Pennsylvania
my dad married an older woman. they have been married for almost 3 years. the woman is in her 80's and mt father is in poor health. my father takes great care of her. before they were married the woman had a will drawn up leaving everything to her neice. the neice has not been around at all to help care for the woman! if anything happens to either one of them does the neice get everything?? there was no prenupt signed!
thank you for your time:)
dd "the family"
1 Answer from Attorneys
The best way to ensure the other spouse gets as much as the other spouse wants to give is to draw up a new will. However, if a spouse is not included in a will and that spouse dies, the remaining spouse will be able to claim whats called an elective share. The amount that the spouse would get would then depend on several factors. So, to answer your question, if there is no mention of a spouse in the will and the other dies, the remaining spouse may still be able to collect from the estate, but I would highly suggest that you draw up new wills.
If you would like to discuss this further, feel free to give me a call.
Justin C Gearty Jr
717-490-6325
http://www.geartylawoffices.com
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