Legal Question in Wills and Trusts in Pennsylvania

In Pennsylvania, can a spouse in a second marriage waive a spousal statutory forced share and agrre by contract not to contest the will, where the other spouse has kids from first marriage and wants to leave everything to them?


Asked on 3/24/11, 8:55 am

1 Answer from Attorneys

I suggest that the individuals enter into a post-marital agreement whereby the second spouse waives his or her rights to take an elective share or administer the estate (and the other spouse does likewise). Might want to consult with a lawyer on this first to ensure that it complies with state law. After the agreement is executed, then the person should see a probate attorney (might even be the same person), provide the attorney with a copy of the agreement and then make sure that the attorney drafts a will that comports with the agreement.

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Answered on 3/24/11, 11:44 am


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