Legal Question in Wills and Trusts in Pennsylvania

I don't know who "told" you things or what they yold you. Please don't rely on non-lawyers for legal advice. While people mean well, your situation is not identical to theirs.

The executor is someone other than you. You make a comment about a business and estate funds and that the spouse gets an elective share. Are you certain that the executor knows what he/she is doing?

If your father was still married, then his spouse is entitled to a share of his estate UNLESS the grounds for granting a divorce were established. See 23 PA CSA � 3323 and the Gerow case. http://caselaw.findlaw.com/pa-superior-court/1422531.html. Also, 20 Pa.C.S.A. � 2106 says:

� 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).

If the wife failed to perfrom her wifely duties, she may have forfeited her elective share under the above statute.

If the executor does not have an attorney for the estate and is not aware of the above, then I suggest that you get a probate attorney in the county/state where your father lived at the time of his death. I have assumed this is PA and that is why I referenced PA law, but if its not PA, then other states have similar provisions to those which I cited. If nothing ele, allow the attorney to review the will and whatever has been done or not done by the executor. if the executor is not doing his/her job properly then he/she can be removed.

I don't understand your question. If the spouse is lawfully entitled to her share and that is paid by the executor, then there is no loss to you. If the executor does not know what he/she is doing and wrongfully pays out a claim to the spouse when she, by law, had forfeited her elective share, then the executor can be held personally liable for causing a loss to the beneficiaries. That is why you need to stop wasting time here and get to a probate attorney ASAP to prevent the executor from doing something stupid.