Legal Question in Wills and Trusts in Pennsylvania

It depends on whether he had a will and what it provided, and if he didn't have a will, who the other heirs are. The PA Intestate Succession law lists heirs and what percentage of the estate they inherit.

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.

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No. If the husband had a will, then the house goes to the designated beneficiary which may or may not be the wife. However, you do not indicate what other probate assets exist and whether sufficient provision will be made for the wife. In most states, a husband cannot totally disinherit a wife and has to leave her at least as much as she would get under the elective share.

If there is no will, then the house would pass to the husband's heirs under the intestacy law of the state where he resides at the time of death. Usually, this is the surviving spouse to whom the husband is married and any biological/adopted children. The percentages may vary depending on how many children there are.

Although this begs the question of why the couple has not engaged in extended estate planning before now. I would recommend that you and your husband sit down with an experienced estate planning attorney. The attorney will have to review the assets, estate planning goals and circumstances and then devise a plan that best accomplishes the goals.