Legal Question in Wills and Trusts in Pennsylvania
property and wills
My husband built a home for us just prior to us being married. It is in his name. He also also has a will prior to our marrige that leaves everything to his adult children. Who does the house go to if he passes away.
1 Answer from Attorneys
Re: property and wills
In Pa., a spouse not named by a will that was made prior to marriage is entitled to the same share of the deceased spouse's estate that would be provided by the laws of intestacy. However, this does not apply if the will is made 'in contemplation' of the marriage, which would typically require some statement indicating that the omission was intentional.
For more information about the intestate share, go to pawill.com and open the "Intestacy Calculator."
In the situation you describe, the value of the house would be included in the intestate share if it is titled solely in the husband's name. It is also important to note that the surviving spouse must petition for this share, it is not automatically granted.
Good luck!