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?
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.
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.
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