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  1. #1
    Kittencat is offline Junior Member
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    If my husband dies intestate what happens

    Hi. I live in Pennsylvania. My husband has two adult children from a prior marriage. I was reading about PA law and it seems that if my husband dies with no will that I will share the estate with his two children. Does this apply to jointly owned assets and property also? Thanks!
  2. #2
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by Kittencat
    Hi. I live in Pennsylvania. My husband has two adult children from a prior marriage. I was reading about PA law and it seems that if my husband dies with no will that I will share the estate with his two children. Does this apply to jointly owned assets and property also? Thanks!
    Yes and no. It applies ONLY to the portion owned by the husband. Also, HOW the property is held. For example, a home held by joint tenants with right of survivorship will not be shared but a home with both names on the deed only will.

    A good discussion of the topic can be found [URL=http://www.pa-work-injuries.com/lawyers_attorneys/Articles.asp?ArticleID=34&Page=pa_intestate_no_will_intestacy_estate_Pennsylvania.asp]here[/URL].
  3. #3
    Kittencat is offline Junior Member
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    I believe our deed only lists our names. Can/should it be changed to add "joint tenants/survivorship?" Also, how would my husband's portion of the accounts be determined? I plan to retire this year and have a sizable lump sum that will go into one of our joint accounts. Thanks again! And thanks for the link.

    By the way, love the food stamp quote. I can relate as I work for the Welfare Dept in PA. My favorite is "This page left intentionally blank" when we get updates to procedural manuals.
    Last edited by Kittencat; 01-27-2005 at 10:16 AM.
  4. #4
    BelizeBreeze is offline Senior Member
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    Why would you want the children to be shut out of their rightful inheritance? That's the question I don't understand.

    So, if you want my further help, please answer that.
  5. #5
    Kittencat is offline Junior Member
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    I don't. My husband has a 100,00 life ins policy that they will share. All the assets that my husband and I have we acquired together. When hubby dies I don't feel I should split half of everything with his children - especially my portion of the money. Why should I have to purchase 1/2 the house from them?! Actually if hubby dies before me the kids can have it all once I die. I have no heirs. I just want to protect myself, not beat anyone out of anything. I don't see hubby's share of our assets being "rightfully theirs" however.
  6. #6
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by Kittencat
    I don't. My husband has a 100,00 life ins policy that they will share. All the assets that my husband and I have we acquired together. When hubby dies I don't feel I should split half of everything with his children - especially my portion of the money. Why should I have to purchase 1/2 the house from them?! Actually if hubby dies before me the kids can have it all once I die. I have no heirs. I just want to protect myself, not beat anyone out of anything. I don't see hubby's share of our assets being "rightfully theirs" however.
    You do not understand the lines of succession then. If hubby dies leaving you everything then you die without also having a will, his children will get nothing.

    So, from your answer I assume you want no to leave the home but don't have anyone to leave it to. If that is correct, then you need to have a talk with hubby about a will and place the home iin life estate to you. This allows the children to inherit upon your husband's death but not exercise that right until your death since you will have the life estate, use of the home as long as you live and reside there.

    As to your assumtion that the children's right to hubby's share of your assets shouldn't be theirs, you are wrong and that's why probate laws are written the way they are. If the assets are in joint accounts, then the surviving account holder has all rights to the account.

    Insurance does not pass through probate. It goes directly to the beneficiary.

    I would strongly suggest you and hubby seek the advice of a local probate attorney to set up a will so that both his children and you are provided for.

    You're working you way into a coronary and could be on the path to splitting up the family should you pursue this path without sound advice.
  7. #7
    Kittencat is offline Junior Member
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    Thanks for all the info. The life estate sounds like what we need. We are in the process of planning to see someone about drawing up wills. I'm aware that life insurance doesn't go thru probate - I just mentioned that so you'd know that his kids are getting some money.

    "As to your assumtion that the children's right to hubby's share of your assets shouldn't be theirs, you are wrong and that's why probate laws are written the way they are. If the assets are in joint accounts, then the surviving account holder has all rights to the account." This seems like a contradictoray statement to me. Please clarify.

    LOL about the coronary and splitting up the family.

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