Legal Question in Wills and Trusts in Pennsylvania
When we wrote our will, we were married, and put it as our spouse was to get our property and to make the decisions as to life support, etc. We get assistance from the state for medical problems and when we told them we had 2 cars, they said you had to sell one or get divorced. So, we got divorced. Two months later they changed their mind (or the case worker didn't know you could have two cars). So now I'm wondering, we still live together and nothing else has changed. So the question is, can the other person still get everything and be responsible or do we have to change the will? Thank you
1 Answer from Attorneys
Generally, dispositions in favor of a spouse are revoked by divorce. You would have to either make a new will or amend your will leaving everything to the same person, just not indicating that it is your spouse. It might be easier just to get remarried!
However, I really need to see the old wills and to know about your assistance from Medicaid and the state requirements. Given the Medicaid rules, the state is obligated to try and reclaim the funds from the estate when one of the spouses dies. You might wish to consult with an elder law attorney in your area to specifically review your wills and your assets to determine what would make sense in your situation and to do some asset protection, if feasible, at this juncture. Many attorneys offer free consults.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
