Legal Question in Wills and Trusts in Pennsylvania

rights of separated spouse to estate if husband predeceased

Father died leaving his estate to be divided between his children. His estranged wife is not mentioned in the will. can she appeal? what are her rights. All property/cash in estate was brought into the marriage by the deceased husband. Wife had NO assets to bring into marriage nor were any accumulated as they lived on social security.


Asked on 11/14/01, 4:03 pm

1 Answer from Attorneys
Adam Shapiro Danziger & Shapiro, LLP

Re: rights of separated spouse to estate if husband predeceased

The question really hinges upon whether the parents divorce was finalized. If so, than the ex-wife would have a very hard time claiming a right to any of the assets (unless it was provided for in the divorce decree). If the divorce was not finalized, the issue is somewhat more vague and will require a close examination of the facts. If you have not already done so, I suggest you contact a lawyer to help you settle the estate. If you can provide me with more details about the separation and will, I would be happy to discuss this with you further, if you like. Please call me at (215) 545-4830

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Answered on 11/14/01, 4:19 pm


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