Legal Question in Wills and Trusts in Pennsylvania

My father remarried in Jan, 2003. He recently passed away and in his will he has left everything to his surviving spouse, and upon her death, things will be distributed between the chindren. Can she now distribute anything she wants to whomever she wants to?


Asked on 1/15/11, 6:17 pm

2 Answers from Attorneys

Yep. If your father's will gave everything to her outright, then she can do whatever she wants with it. Better be nice to her.

All kidding aside, I assume that your father died while a resident of Pennsylvania. If he lived elsewhere, then I cannot express a legal opinion about other states as they may have different laws. It also would help to review the document. However, if it indeed states what you have related, then my answer is unchanged - she gets it. I am surprised that your father did not have a prenuptial agreeemnt or enter into some other arrangement to provide for his children.

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Answered on 1/20/11, 8:29 pm
Miriam Jacobson Retired from practice of law

The will may have left his estate into a trust. Usually the arrangements you describe are trusts from which wife has access, perhaps for all purposes, or perhaps for only specified purposes, and upon her death, the remaining trust fund would be distributed as you say, to the children. Check if this is limited to his children, or also includes her children, if she had any.

If everything was left to her outright, your father's children may have a claim.

Consult with an estates lawyer in the county where your father resided and where the will should have been filed.

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.

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Answered on 1/20/11, 9:51 pm


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