Legal Question in Wills and Trusts in Pennsylvania
Husband of 33 years wants to leave nothing to wife
My mother has been married for 33 years. She and her husband were both previously married and he has 6 children from his first wife. When they were first married she moved into his house and when he sold it he put the money in his bank account. For the last 14 years they have lived on a farm that has been in her family for over a century. This was given to them both by my Grandmother at no cost, and my mother has paid most of the bills and all repairs and renovation costs to the house. The farm has since been put in my name so that is really not an issue. The problem is that while my mother has been all but supporting him, he has been giving each of his children $10,000. a year and he told my mother that he is leaving everything he has to his children. By Pa. law is she legally entitled to anything if she is not listed in his will?
1 Answer from Attorneys
Re: Husband of 33 years wants to leave nothing to wife
Under PA law, if there is no will, the estate of the deceased is distributed in accordance with the Intestacy Statute.
See 20 Pa.C.S. � 2102 (4) below for what the surviving spouse is entitled to if there are children of the deceased but not with the surviving spouse. [This is the version I have, it may not be the most current.]
Excerpted from
PENNSYLVANIA CONSOLIDATED STATUTES
TITLE 20. DECEDENTS, ESTATES AND FIDUCIARIES
CHAPTER 21. INTESTATE SUCCESSION SUBCHAPTER B. RECORDS AND CERTIFIED COPIES
20 Pa.C.S. � 2102
PENNSYLVANIA STATUTES
* THIS SECTION IS CURRENT THROUGH ACT 139 OF THE 2002 LEGISLATIVE SESSION *
*** FEBRUARY 2003 ANNOTATION SERVICE ***
� 2102. Share of surviving spouse
The intestate share of a decedent's surviving spouse is:
(1) If there is no surviving issue or parent of the decedent, the
entire intestate estate.
(2) If there is no surviving issue of the decedent but he is survived
by a parent or parents, the first $ 30,000 plus one-half of the balance
of the intestate estate.
(3) If there are surviving issue of the decedent all of whom are issue
of the surviving spouse also, the first $ 30,000 plus one-half of the
balance of the intestate estate.
(4) If there are surviving issue of the decedent one or more of whom
are not issue of the surviving spouse, one-half of the intestate
estate.
(5) In case of partial intestacy any property received by the surviving
spouse under the will shall satisfy pro tanto the $ 30,000 allowance under paragraphs (2) and (3).
Such distribution may be made only after first paying all taxes, debts and obligations of the deceased.
This is not legal advice and is a response to an internet question.
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