Legal Question in Wills and Trusts in Pennsylvania
second time around
I am 59 my husband 60. we have been
married for 7 yrs.
after talking about retirement my
husband mentions that there had been
a will written some 25 yrs ago between
him and his first wife. he does not know
where it is nor the attorney who had
performed the services for him. My first
husband died, however his first wife is
still alive . We have bought a home
together and have retirement accounts.
please tell me what needs to be done
and how to protect myself.
1 Answer from Attorneys
Re: second time around
His first will is still out there and someone could try to probate when your husband dies if they find it. If it can't be found than he will be intestate and the laws of Pennsylvania will determine who gets his estate.
Even if he still had the will from 25 years ago it is out dated. If for no other reason he remarried. I am sure there were other events that might make his will out dated.
What you both need to do is to write new wills.
It also would be wise to make sure you both have advance health care directives better known as living wills.
If you have further questions feel free to contact me the initial consultation is free.