Legal Question in Wills and Trusts in Pennsylvania

The wills should have a provision for such a case.

A proper will spells out what happens if the spouse did not survive.

There are usually provisions to deem one to have survived if it can be determined who died first. If it can't be determined, there should be a provision that makes each of the husband's estate his own, and his executor follows the husband's will; the same should apply to the wife's will and executor.

If none of these contingencies are provided for, the estate may be intestate.

If you are a family member or executor, you should see an estates lawyer as soon as possible to help sort out these issues.

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.

Read the will. The husband's executor administers the husband's assets and the wife's executor administer's the wife's assets. There may be a survivorship requirement as noted by Attorney Jacobson. However, if both wills were drafted at the same time and have an identical clause such that neither technically survived the other, and the will says nothing else, then 1/2 of the estate will be distributed as per the husband's will and 1/2 as per the wife's will to their respective beneficiaries.