Legal Question in Wills and Trusts in Pennsylvania

What if my husband dies and doesn't have a will? We both had children from a prevoius marriage and 1 child together.


Asked on 10/20/11, 3:43 pm

2 Answers from Attorneys

Hillary Snyder Hillary N. Snyder, Esquire

According to the laws in Pennsylvania, 1/2 of your husband's estate would go to you, and 1/2 would be divided between his children.

Now, keep in mind, only assets that are in his sole name, and do not include a beneficiary designation would be included in his estate.

I hope this helped.

If you have additional questions, or need a Will. Please feel free to contact me at [email protected], of 412.904.4469.

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Answered on 10/20/11, 4:34 pm

All states have intestacy laws and Pennsylvania is no exception. Typically, the assets are divided between the surviving spouse and your husband's biological/adopted children. Your children do not inherit from your husband unless he is the father of those children.

What Attorney Snyder indicated is correct. Intestate (no will) estates is only concerned with probate assets. Things that are non-probate, beneficiary designated assets are not affected at all. This covers things like IRAs/pension/retirement benefits, life insurance, land owned by you and your husband as a tenancy by the entireties or joint tenancy with right of survivorship (in other words, as husband and wife) or joint bank accounts held the same way.

I don't know what you and your husband own or how its titled. Regardless, this is a perfect time for both you and your husband to meet with an estate planning lawyer to discuss the disposition of your assets, your estate planning goals and whether you should have a will or trust.

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Answered on 10/20/11, 7:41 pm


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