Legal Question in Family Law in Pennsylvania

Re: family law - husband's will - Trust Fund

Certain types of property, such as real estate, cannot be transferred without the signature of all owners. Others, such as bank accounts, can be transferred provided only one person's signature is required. Some bank accounts require both signatures, but that is unusual.

When a spouse begins to transfer assets into his or her own name without the knowledge or consent of the other spouse, there is cause for concern. If you were involved in a divorce, such action on the part of your spouse would justify a court order specifically prohibiting any additional transfers and possibly restoring the status quo ante.

You have a right to honest and forthright communication from your spouse which is essential to a healthy marriage. Marriage is a partnership and one partner cannot act without the other.

There are, of course, all kinds of people and all kinds of attitudes. He may simply feel he is handling your affairs as he sees fit. You may have allowed him to do that in the past and he may not feel you wish to be consulted.

Whichever is the case, you should talk to him immediately.

Regarding the will, either of you can make whatever distributions you want regarding your estate. However, I am quite certain a spouse cannot be completely disinherited and, even if he left you nothing, you would be able to claim 1/3 of his estate.

I trust this has been helpful, but feel free to call or E-mail on a free initial basis.