Legal Question in Wills and Trusts in Pennsylvania

in my wifes will she left everyting of hers to her children. if the house is both of our names are her children intitled to half the price of the house?


Asked on 9/20/10, 2:25 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

It depends on the type of ownership you and your wife have. If it was as husband and wife [if the deed used those words after your names] or it the deed said "joint tenants with right of survivorship", sometimes written "jtwros", then upon her death, you automatically became the sole owner. If those "magic" words were not mentioned, you were what is called tenants in common, and her half interest in the house is part of her estate. If she had a Will and left everything to her children, her interest in the house would be part of what the children would get.

The house need not be sold, but if it is, they would be entitled to their share of the proceeds of sale.

You may want to consult an estates lawyer to help you determine what rights you have.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 9/25/10, 4:27 pm


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