Legal Question in Wills and Trusts in Pennsylvania

If a husband and wife are tragically killed together and they each have different executors listed in their wills, how do the executors handle it?


Asked on 6/24/12, 6:32 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

The wills should have a provision for such a case.

A proper will spells out what happens if the spouse did not survive.

There are usually provisions to deem one to have survived if it can be determined who died first. If it can't be determined, there should be a provision that makes each of the husband's estate his own, and his executor follows the husband's will; the same should apply to the wife's will and executor.

If none of these contingencies are provided for, the estate may be intestate.

If you are a family member or executor, you should see an estates lawyer as soon as possible to help sort out these issues.

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Answered on 6/24/12, 7:34 pm

Read the will. The husband's executor administers the husband's assets and the wife's executor administer's the wife's assets. There may be a survivorship requirement as noted by Attorney Jacobson. However, if both wills were drafted at the same time and have an identical clause such that neither technically survived the other, and the will says nothing else, then 1/2 of the estate will be distributed as per the husband's will and 1/2 as per the wife's will to their respective beneficiaries.

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Answered on 6/25/12, 8:36 pm


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