Legal Question in Wills and Trusts in Pennsylvania

Re: Probate Court

If title was acquired by the couple during their marriage and (a) their names are shown as "husband and wife", or (b) there is language in the deed that says they are taking title as "tenants by the entireties", or (c)even if they were not married at that time, if the deed language says they are taking title as "joint tenants with right of survivorship", then the property automatically becomes the sole property of the survivor upon the death of the first spouse. There is not need to have a new deed transfer title to the survivor, and the property is not part of the estate of the deceased spouse. Therefore, the children have no interest in the property.

If there is the possibility of a will contest or a fight over the estate assets, the spouse should seek legal counsel with experience in estate matters. Even without any adversary problems, depending on the size of the estate and the kinds of assets that were owned by the deceased person, legal counsel is advisable.