Legal Question in Wills and Trusts in Pennsylvania

will for husband and wife

I got married in Sept 2008. My husband has one adult daughter and I have two adult children. We are living in the house titled to my husband solely. My husband has a will that was done after he became widowed 5 years ago leaving everything to his only daughter. If he doesn't update the will, does everything still remain where his daughter gets everything?


Asked on 2/11/09, 10:24 am

2 Answers from Attorneys

Solomon Weinstein Solomon Weinstein, Esquire

Re: will for husband and wife

generally you can't disinherit a spouse. However under the present situation you would be forced to elect to take against the will to get your intestate share. The rest of the estate would go to your husband's daughter. Only some assets are subject to the spouse election to take against the will. You do not indicate any prenuptuial agreement signed by you and your husband which my change the situation. I would reccomend you speak to your husband to see if you are on the same page. You then can consult an attorney to make any necessary changes if warranted. If you would like to schedule an appointment at my office then contact me to schedule an appointment.

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Answered on 2/11/09, 10:33 am
Michael Berman Law Offices of Michael A. Berman

Re: will for husband and wife

You need to redo your wills...

While there are statutes to protect spouses against being totally left out of a will, in the end it is a costly court battle that can be avoided. I charge a very modest fee to do mutual wills for remarried individuals.

Mike

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Answered on 2/11/09, 4:08 pm


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