Legal Question in Wills and Trusts in Pennsylvania

Re: Dad's Property

This can be a big problem. If all of their assets are titled in their joint names and/or his will names her as sole beneficiary, it he dies first, she inherits everything. She has no obligation to leave his children anything.

Obviously, your father can do whatever he wants (after all, its his property)...however, he should really be working with an experienced trust and estate attorney who can explain the consequences of his current plan. If he wants to provide for his spouse and his children, there are ways to do this (primarilly by using a trust).

Re: Dad's Property

There are 2 problems involved. First, assets registered jointly (usually joint tenants with right of survivorship) go to the survivor by operation of law (the account registration) and not through the Will. So, if I have a bank account and a house registered in the name of my wife and I as joint tenants, and I pass away, my wife automatically becomes the sole owner, even if my Will said I left these assets to soemone else. If my wife's Will were not irrevocable, she could change its terms after I passed away and I would have no recourse to stop her. Thus, she could thwart our agreement and leave the assets to anyone she selects. A lawsuit would be necessary to claim there was an agreement on how the property should pass when the survivor died, and there is no guaranty of the result. Worse, if she put the assets in joint names with her children, the problem could be more complicated. My suggestion, if they would consider it, would be to register all assets to an irrevocable trust, allowing them the use and enjoyment during their lifetimes, but stating that when the survivor died, the assets are to be split among both families or however they supposedly agreed. You must impress upon your father the risks involved. There are no guarantees, and I have seen these problems too often when "trust" is involved between the spouses. You should get your father to an expert in estate planning as soon as possible.