Legal Question in Wills and Trusts in Pennsylvania
Seperate Wills between Spouses
I inherited the property our house is built on and paid for the modular home that we live in. The deed for the real estate is in my name only. I contribute 100% to the support of my wife. In making out her will my wife wishes to leave all of her money to her 2 children from a previous marriage, however she also insists that a portion of the house belongs to her and can be willed to her children. If such a will is made out and she dies before me could her children make me move, take furniture?
1 Answer from Attorneys
Re: Seperate Wills between Spouses
All couples should have separate wills. In the case of people with children from a previous relationship, it is important that the parent be able to provide for her or his own children. Property that can be left by each person's will is only the property that each owns separately, not jointly owned property. Jointly owned property passes outside a will.
You are not required to put your wife's name on the real property or the home during your lifetime. You may leave it as you wish in your will. However, she may have certain claims to the property and home upon your death because of your and her marital status, even if you will it to others.
Couples in this situation really should consult with an experienced estates attorney to that they create the documents necessary to protect their respective children's interests as well as the surviving spouse.
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