• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

PA - Where does the estate go??

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

FreedomCzar

Junior Member
This question is for Pennsylvania.

Scenario: My divorces wife and finds girlfriend after some time. Forms a will giving his estate to his daughter unless she precedes him in death. In which case his estate would go to his girlfriend.

Times passes and he and girlfriend gets married. He sells his home and they purchase a home together. They (wife and husband) are both named on deed.

Time and procrastination wins and he dies. Is the current will, however outdated, followed and everything goes to his daughter? Or is the daughter getting only his interest of his current real property? :confused:

I am just concerned that his widow is going to get absolutely nothing. :eek:

Thanks in advance....What is the name of your state (only U.S. law)?
 


anteater

Senior Member
Unless the deed indicates otherwise, they would own the property as a tenancy by the entirety, a form of ownership that includes right of survivorship. The property would not be a probate asset and the surviving spouse would own the property.

As to the deceased spouse's other property, the surviving spouse can choose to take an elective share:

http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.022..HTM


But note that there is a time limit for making the election:

§ 2210. Procedure for election; time limit.
(a) How election made.--A surviving spouse's election to take or not to take his elective share shall be by a writing signed by him and filed with the clerk of the orphans' court division of the county where the decedent died domiciled. Notice of the election shall be given to the decedent's personal representative, if any.

(b) Time limit.--The election must be filed with the clerk before the expiration of six months after the decedent's death or before the expiration of six months after the date of probate, whichever is later. The court may extend the time for election for such period and upon such terms and conditions as the court shall deem proper under the circumstances on application of the surviving spouse filed with the clerk within the foregoing time limit. Failure to file an election in the manner and within the time limit set forth in this section shall be deemed a waiver of the right of election.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top