Legal Question in Wills and Trusts in Pennsylvania

What will is to be used?

There are two wills, husband dies leaves everything to wife unless not competant, she is not. Excutor is named in the will. Wife's will states husband gets all, he is gone, she had named different excutor. Which will should be used?


Asked on 6/23/09, 8:52 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: What will is to be used?

Who died first?

Wife's will has nothing to do with husband's estate, it controls only wife's estate. Similarly, husband's will controls his estate.

Wife's lack of mental capacity does not changes her will if she made the will while she had sufficient mental capacity to do so.

Both estates have to be administered.

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.

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Answered on 6/23/09, 10:35 pm


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