Legal Question in Wills and Trusts in Pennsylvania

Your question was a little unclear to me. If only the husband's name is on the deed, his will controls the disposition of this asset (although the wife might be able to claim a 1/3 elective share if he cut her out of his will completely).

If both names are on the deed:

There are generally two types of deeds when a husband and wife own property together. The first type of deed provides that the survivor automatically inherits the property. (You can identify this type of deed because it is listed with the names of the individuals followed by either "husband and wife" or "with rights of survivorship".) In this scenario, the deed trumps what the Will says.

The second frequently used deed where both names are listed, is a tenancy in common. This means that each party only owns 1/2 of the property and they can do what they wish with their 1/2. Here, the Will controls as to that 1/2.

I would suggest showing a copy of the deed to an attorney to clarify the situation.

Best of luck.

Kevin A. Pollock, J.D., LL.M.

www.PollockAtLaw.com

P: (609) 818-1555

Licensed to practice law in Florida, New Jersey, New York and Pennsylvania.

Also, visit my blogs at:

http://WillsTrustsEstates.blogspot.com/

http://BaseballLaw.blogspot.com/

--------------------------------------------------------------------------

The foregoing is offered for informational purposes only and is not legal advice nor does it create an attorney-client relationship. To indicate that you have read the answer it would be appreciated if you would check either the thumbs up or thumbs down box below. Circular 230 Disclosure: Any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

It also occurs to me that I should mention this: changing a deed by using a power of attorney could be treated as a fraudulent transfer. So if the wife does a transfer without asking her husband there may serious legal ramifications.

I agree with Attorney Pollock. If the property was solely in the husband's name as shown by the deed, then the wife cannot just use the power of attorney to deed the home to herself. She had better have the power of attorney language reviewed very carefully. Depending on how its drafted it may or may not allow the agent to make gifts at all or over a certain amount.

Why is her name NOT on the deed? What does the will say? Is the husband mentally competent? If so, he can revise his will. He could do a lot of things - he could give the wife a life estate in the property which would allow her to manage it until her death or he could make some other provision for her.

Further, there is no publication when someone is added to the property. If the property is conveyed, that fact is published in the newspaper. Who reads this stuff? I would wager very few people unless they have a particular interest or are Gladys Kravitz-types.

I also agree with Attorney Pollock's comment regarding an elective share. I don't know what else the will says or what else the husband owns, but if the will does not make adequate provision for the wife, she can claim an elective share of 1/3rd of the estate.