Legal Question in Wills and Trusts in Pennsylvania
A mess
My best friend moved in with and older man that had 7 kids moved out of the house and a wife the wife left the older gentleman and was gone for quite a while now it was just my friend and this older man life there he passed a couple of days ago but before he did he left a will giving everything to my friend but his wife never got a divorce and her name was on the deed so how is this handled?
1 Answer from Attorneys
Re: A mess
Where there is a will, only those assets that are part of the deceased's estate can be passed according to the will.
Depending on how the house was titled in the deed, the wife may have a partial interest in the house, or she may be the sole owner of the property. If wife is the sole owner, that property would not be part of the deceased's estate.
If each of the husband and wife owned only a part interest, the will could dispose only of husband's interest, and wife would continue to own her interest.