Legal Question in Wills and Trusts in Pennsylvania

Probably the only way to accomplish that is by creating a trust in your will for the benefit of your brother, including provisions for who should get it if he dies before you do, and for when he dies. Don't use a DIY will for this purpose, because it will probably cause lots of problems when it is probated and when the trust will be set up. See an experience estates lawyer to help you.

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.

You can leave a gift of money or other asset to your brother and his wife has no claim on it. Money or gift acquired by inheritance stays separate. However, the problem arises once your brother gets it. If its land and he puts his wife's name on it and then gets divorced, he has now made separate property marital property. Same with money. So either you trust your brother not to commingle any assets, or you create some kind of a trust and have the money doled out to your brother.

I don't know what all you have or how much in value we are talking about and whether the amount in question would justify you creating a revocable living trust or some kind of testamentary trust.

However, I concur with Attorney Jacobson that regardless of what you do, you should consult with an estate planning attorney in your area to ensure that your estate plan comports with your wishes and that if your brother would pass away before you, that you make an alternate disposition rather than go to his wife or heirs.