Legal Question in Wills and Trusts in Pennsylvania

My wife wants to make out a will and stipulate that our house be left to her son upon her death. The mortgage and deed are in both my and my wife's names. If I don't have a similar will and she passes before I do, will her son get the house?


Asked on 11/06/12, 3:57 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

It depends on how the house is owned by the two of you. If you are tenants in common, then she may will her half interest as she desires. If your names are listed as joint tenants with right of survivorship, or as husband and wife or as tenants by the entirety, then she may not dispose of her interest separate from yours.

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Answered on 11/06/12, 7:55 am


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