Legal Question in Wills and Trusts in Pennsylvania

Re: Children - Wills

The law governing rights of children to a parent's estate depends on where the deceased lived at the time of death. Most states provide "intestate" (when the deceased did not have a Will) allocations for spouses, children and other heirs. If there is a Will, children (and omitted spouses) may contest the will. Again, the bases for a will contest depend on state law.

Until your husband dies and an estate is opened, you will not know or be able to do anything on behalf of your children. In some states, it is possible to file a document with the office where estates are opened and administers, to request that notice be sent to you if a Will is filed or someone is seeking to open the estate, so that you will be know and be able to check the official records. There are also laws that permit heirs to file a claim when no estate has been opened within a certain period after death.

If your divorce agreement or judgment made any provisions for your childrens' rights to their father's estate, that is also a factor.

Just try to keep track of where your ex lives, and check death notices, if he and your children do not have a continuing relationship, so that you or they may protect their interests when the time comes.

Re: Children - Wills

If your ex-husband dies without a will, he would be "intestate" and the Pennsylvania laws of intestacy would direct how the estate is paid out. In this case (where the children are not issue of the new wife), the surviving spouse would receive half the estate and the children would split the other half among them.

If he writes a will, he can leave his property to whom he desires, and must identify those people with sufficient specificity that a reasonable person would clearly see his intent.