Legal Question in Wills and Trusts in Pennsylvania

A man dies without a will, can a seperated wife claim the property?

A man died less than 30 days ago. His current status is separated from his 2nd wife. They were separated over 2 years and filed separate tax returns. His house became ''paid off'' with his death. Can his separated wife claim the property and move back in? Her name was still on the mortgage, but he had visited a lawyer about divorce, but didnt have retainer to start divorce. I would like the house sold and 1/2 the proceeds in trust fund for his biological children. What do you think?


Asked on 6/06/03, 1:58 pm

1 Answer from Attorneys
Steven Rothberg Law offices of Steven D. Rothberg

Re: A man dies without a will, can a seperated wife claim the property?

More information needed. Who was on the deed? Did the man have a will? If the property was held as tenancy by the entirety, she should be able to retain the property because no final divorice decree has been entered. If the property was held in some other fashion, my answer changes depending on whether there is a will or not. You can email me the additional information at [email protected], or give me a call at 800/443-5084.

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Answered on 6/09/03, 9:51 am


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