Legal Question in Wills and Trusts in Pennsylvania

Re: Wills

If he had the correct estate planning done, the property could go into a trust, with the children as beneficiaries. The trust could have control over the principal or some portion of the principal, and could have all kinds of restrictions set forth. Two individual wills would not be enough to prevent changes after the first spouse dies.

Re: Wills

I concur with Steve, although some protection might be available if the Wills were made irrevocable (could not be changed). Even so, they might not afford full protection. Your Dad could have a trust created under his Will, with his children as ultimate beneficiaries, but making some interim lifetime provision for the second wife (for example, provide her with income from his assets, plus some limited use of principal) On her death, the remaining assets would go to his children. This would assure that the second wife not thwart the concept that after her death the remaining assets go only to his children. You should be sure that an estate attorney familiar with testamentary trusts be used for the new Will. Alternatively, he could create such a trust during his lifetime, and only use the Will for such small things like a car, furniture, household items, his jewelry and the like.