Legal Question in Family Law in Pennsylvania

if I pass away in death, I want everything to be left to my husband and our two children. If my husband then pass away after me will the things we accumaliated together while married be left to our children only or all of his children?


Asked on 3/17/14, 9:16 am

1 Answer from Attorneys

You and your husband need wills. As things stand now, if you died first and left everything to your husband and he did not have a will, then the assets would pass to ALL of his children, including those from any prior marriage or relationship. Of course, if you died first and left all to your husband, he would be free to then make a will and he could disinherit the children he had with you and benefit his other children leaving them nothing. I am not suggesting he would do this but it would be within the realm of possibility.

I don't know your circumstances and what assets and debts you each have. I suggest that you and your husband go to an experienced estate planning attorney in PA and have the attorney draft estate plans for you and your husband after reviewing the situation. It is understandable that you each want assets to benefit your children but that you do not want to leave anything to your husband's children from a prior marriage or relationship. The only way to make that happen is to have a carefully drafted will or revocable living trust in which only certain things are left to your husband outright or with lifetime rights with other things going toward your children in your will.

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Answered on 3/17/14, 6:32 pm


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