Legal Question in Wills and Trusts in Pennsylvania
I have a copy of a will dated 1993. in the will my dad left everything to me and my brother. In 1998 he remarried and in 2003 built a house with only his name on it. my stepmom never worked nor were there any children, however she has lived with him in that house since 2005 but did not put any assets into the home. If there are no other wills, does the will that I have stand and if so are we entitled to all of his assets including the present home.
1 Answer from Attorneys
Presuming that no other Will exists other than the one that was done in 1993, it would be valid and could be submitted for probate. However, this does not mean that your stepmother is not entitled to anything. Under Pennsylvania law as his wife she would be entitled to what is know as an elective share of his estate. Determining the amount of her elective share can often be difficult matter. You and your brother most likely would want to consult with a competent probate and estate planning. If you'd like to discuss this matter further with me, please feel free to contact me directly either through our website at http:www.americanwillsandestates or by email at [email protected]. Thank you.
Lloyd A. Welling, Esq.
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