Legal Question in Wills and Trusts in Pennsylvania

Yes. A spouse can, however, elect against a Will and receive a share determined by law if he or she is excluded or given a small amount.

Yes. The only person who cannot be disinherited is the spouse, provided that there are no pre- or post-nuptial agreements which allow that. If there are no agreements and the will does not adequately provide for you, then you have a right to claim an elective share of your husband's estate. There are time limits - if your husband passes, you will need to see a probate lawyer after his death to ensure that you can claim your elective share. Know that a will only pertainst to things that are non-beneficiary designated assets. Beneficiary designated assets are things like life insurance policies, 401(k)/IRAs or pensions. The will does affect these things unless the estate is the beneficiary named. What this means is that whoever is named gets the money - if it is you, then great. If it is not, then you will need to see a probate litigation lawyer to see if anything can be done about it or not.