Legal Question in Wills and Trusts in Pennsylvania

There are means for dealing with providing for your children in the event of your surviving spouse's remarriage, and also allowing him to remain in your home. A form of trust or trusts may be used. These are not "off the shelf" provisions. If someone suggests language for you to put in your will or a trust, more than likely it will not accomplish your goals, and could even result in disposition of your estate in a way that you never intended.

In order to truly protect your children's interest in your estate if you should pre-decease your spouse, you should consult with an experienced estates lawyer in the county where you live. You and the attorney should carefully review your entire situation and go through the options available to achieve your goals.

Many people try to save money on creating their wills. This only leads to making administration of the estate more difficult and much more expensive than it would have been with proper planning.

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.

I don't know what assets you have but I don't know why you assume that your estate is automatically going to your spouse. It may or it may not depending on how assets are titled.

I recommend that you sit down with an estate planning attorney as suggested by Attorney Jacobson. I don't know what you have, but if you want to maintain control, the best way to do that is through a revocable living trust.

If you really do not want to spend the money on a trust, there are things which can be done to minimize the assets that are left to your spouse, although you cannot totally disinherit your spouse. Again, I would sit down with an estate planning attorney and pay the attorney to properly draft a will that comports with your wishes.

While you can get a will cheaply done at Legal Zoom or www.nolo.com, you are trying to do something sophisticated (such as virtually disinheriting a spouse) and these products are not a substitute for legal help by a licensed attorney.