Legal Question in Wills and Trusts in Pennsylvania
do i need a will
My wife and I have an old will and the named executor has since passed away. Also, her children by previous marriage are now adults.
Should one of us die, does the entire estate pass directly to the surviving spouse? Is there probate involved?
2 Answers from Attorneys
Re: do i need a will
You should update your wills name a new executor You should have the old wills reviewed to see if other changes need to be made.
Re: do i need a will
You certainly should both have current wills, as well as Durable Powers of Attorney and Living Wills and Health Care Powers of Attorney.
Probate in Pennsylvania is not complicated and expensive as it is in some other states. In any event, with or without a will, the "probate" process must take place in order to legally change ownership of property after the death of an owner.
Some jointly-owned property does become the property of the survivor, but there are many other reasons to have a will.
Without a will, the estate will go according to the law of the Commonwealth, rather than according to how each person would prefer.
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