Legal Question in Wills and Trusts in Pennsylvania

The law below was amended in October of 2010 to cover the part about being separated but divorce proceedings are commenced. I don't think just being separated cuts it unless there is some kind of agreement or if grounds are not established. What I would do is consult a probate attorney immediately and pay him or her for a 30-60 minute consult so that the attorney can review the will, if any, and advise the surviving spouse about his or her rights under this law..

20 Pa.C.S.A. � 2106 Forfeiture

(a) Spouse's share.--

(1) A spouse who, for one year or upwards previous to the death of the other spouse, has willfully neglected or refused to perform the duty to support the other spouse, or who for one year or upwards has willfully and maliciously deserted the other spouse, shall have no right or interest under this chapter in the real or personal estate of the other spouse.

(2) A spouse shall have no right or interest under this chapter in the real or personal estate of the other spouse if:

(i) the other spouse dies domiciled in this Commonwealth during the course of divorce proceedings;

(ii) no decree of divorce has been entered pursuant to 23 Pa.C.S. � 3323 (relating to decree of court); and

(iii) grounds have been established as provided in 23 Pa.C.S. � 3323(g).

PS - this section was also changed by the October 2010 amendments:

20 Pa.C.S.A. � 2507. Modification by circumstances

Wills shall be modified upon the occurrence of any of the following circumstances, among others:

(1) Repealed by 1976, July 9, P.L. 551, No. 135, � 8, imd. effective.

(2) Divorce or pending divorce.-- Any provision in a testator's will in favor of or relating to the testator's spouse shall become ineffective for all purposes unless it appears from the will that the provision was intended to survive a divorce, if the testator:

(i) is divorced from such spouse after making the will; or

(ii) dies domiciled in this Commonwealth during the course of divorce proceedings, no decree of divorce has been entered pursuant to 23 Pa.C.S. � 3323 (relating to decree of court) and grounds have been established as provided in 23 Pa.C.S. � 3323(g).

(3) Marriage.--If the testator marries after making a will, the surviving spouse shall receive the share of the estate to which he would have been entitled had the testator died intestate, unless the will shall give him a greater share or unless it appears from the will that the will was made in contemplation of marriage to the surviving spouse.

(4) Birth or adoption. If the testator fails to provide in his will for his child born or adopted after making his will, unless it appears from the will that the failure was intentional, such child shall receive out of the testator's property not passing to a surviving spouse, such share as he would have received if the testator had died unmarried and intestate owning only that portion of his estate not passing to a surviving spouse.

(5) Slaying. Any person who participates either as a principal or as an accessory before the fact in the wilful and unlawful killing of any person shall not in any way acquire property or receive any benefits as the result of the wilful and unlawful killing but such property or benefits shall be distributed as provided by Chapter 88 of this code [FN1] (relating to slayers).