Legal Question in Family Law in Pennsylvania

Why don't you get a divorce? This is asking for problems. At best you are creating grounds for an expensive lawsuit in the event that either of you die without resolving this issue.

Your question assumes that the husband will die first. What if its the other way around? Would you want the husband inheriting from your estate when you have children? How would your children react if they suddenly learned that they would have to share any estate with you? Or with your husband?

Do you have any kind of separation agreement? If not, do you have a will? Does your husband have a will? If either has a will, then you can disinherit each other under the will to the extent allowed by law.

Most states have forfeiture statutes which provide that in a situation like yours, the separated spouse may forfeit any rights to inherit or administer the estate of the other spouse who is deceased. However, I don't know where your husband will live at the time of his death and if this is in PA or not. The PA statute is below:

20 Pa.C.S.A. � 2106. Forfeiture

(a) Spouse's share.--

(1) A spouse who, for one year or upwards previous to the death of the other spouse, has willfully neglected or refused to perform the duty to support the other spouse, or who for one year or upwards has willfully and maliciously deserted the other spouse, shall have no right or interest under this chapter in the real or personal estate of the other spouse.

(2) A spouse shall have no right or interest under this chapter in the real or personal estate of the other spouse if:

(i) the other spouse dies domiciled in this Commonwealth during the course of divorce proceedings;

(ii) no decree of divorce has been entered pursuant to 23 Pa.C.S. � 3323 (relating to decree of court); and

(iii) grounds have been established as provided in 23 Pa.C.S. � 3323(g).

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I suggest that you immediately see a family law attorney regarding finalizing your divorce. If you do not have a will then you need one which disinherits your husband to the extent allowed by law if you are not divorced.