Legal Question in Wills and Trusts in Pennsylvania

Protecting house from spouse's elective share

My mother is a widow who remarried without a pre-nuptial agreement. She and her second husband live in her house. The house is titled in her and my (deceased) father's name. Her will states that the house goes to her three children upon her death. How can she ensure that her children get the house and that her husband cannot exercise his elective share on the house? Would it make sense to ''sell'' the house to the children while she's alive or perhaps put it in a trust? Would her husband still be able to exercise his elective share in either of those options? FYI, the house is in Pennsylvania.


Asked on 8/17/08, 12:24 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: Protecting house from spouse's elective share

It wouldn't make sense in terms of income tax liability to transfer the house now. A property that transfers at death transfers at the current value not the value plus improvements as it would in any other circumstance.

Her best option is a well drafted will.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 8/18/08, 8:25 am


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