Legal Question in Wills and Trusts in Pennsylvania

You did not mention whether or not the woman is your mother, and it seems that your father and his wife were never divorced. She may indeed have a claim in both cases.

Until your father dies, he may change his will, provided he has the mental capacity to do so.

Should it become necessary after your father dies, you and your brother may be able to reach an agreement with the woman about buying out her interest in your father's estate, to the extent that she has an interest.

You should consult with an estates lawyer in the county where your father resides to find out what the options are.

Your father should also consult with an estates lawyer, independently of you and your brother, to determine what he wants to happen to his estate.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

I agree with what the prior attorney stated. If the woman and your father after they separated were divorced and then your father married your mother then the first woman would not have a claim. I am assuming the home is held just in his name and/or without a survivorship provision. if he never divorced her then there may be issues as a wife has a statutory right to elect against the will. in any event you would be well advised to consult with an attorney about these potential issues as these situations are fact sensitive.

I am sorry for your father's condition. I cannot discuss your father's situation with you for ethical reasons. Your father needs to see an estate lawyer right away to discuss his marital situation and his assets and debts. If he was still legally married to the first wife, then she might have a claim, but that presumes that your father actually has assets in his estate. He might want to effectuate transfers in what remains of his life, if he has the mental capacity to do so. The standard is pretty low - he just needs to know who his heirs are and what he owns). He needs to see an attorney quickly to make sure that things are done correctly. If his condition is such that he cannot change his will now, then you and your brother will need to consult an attorney regarding the probate of your father's estate if and when he passes to determine what, if anything, the first wife will get.