Legal Question in Wills and Trusts in Pennsylvania

He would have the right to claim an interest. Please see a lawyer in your county about having a Post-Nuptial Agreement in which your husband would give up that right.

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.

Do you have a separation agreement? The only person that cannot be disinherited by law is your spouse UNLESS you have an agreement. Speak to a family lawyer about drafting such an agreement immediately. If you already have an agreement, make sure that it says that your husband relinquishes all marital rights to administer your estate or inherit or take an elective share. If you are not sure, have your agreement reviewed by an attorney. If it says this, go to a probate lawyer and make a will in accordance with your wishes and reference the marital agreement. If you fail to do this, I am afraid that your husband will get a share of your estate if something happens to you and you are not yet divorced. I have seen this occur all too often. Get an attorney to do this for you now.