Legal Question in Wills and Trusts in Pennsylvania

Inheritance of house

Hello,

I am currently married, but separated. I recently found out I am in someones will in PA and would inherit the house upon their passing. My question is if I were still legally married and inherit would my husband be able to gain a portion of the house or benefit in any way through this inheritance.

Thank you for your time. Cindy


Asked on 6/11/06, 11:05 pm

2 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Inheritance of house

If the will only names you, then your husband (or ex-husband) would not inherit anything. However, you should write a new will ASAP that removes him as a beneficiary of your estate because if you inherit the property and later die without taking your husband out of your will, he would inherit the property through you.

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Answered on 6/12/06, 8:05 am
Robert Davies The Davies Law Firm, P.A.

Re: Inheritance of house

You ask a very broad question, it covers a lot of topics. The short answer is no, if you inherit a house, it is not considered to be subject to equitable distribution (dividing it) between you and your husband. However, will he benefit in any way? Certainly. What you own and what it is worth will affect a great number of other things in a divorce.

You really need to sit down with an experienced divorce attorney and figure this out. You will very likely save yourself a lot of money and heartache if you find out what your rights are NOW, not when you or he files for a divorce.

If you would like, give me a call to set up an appointment; I am in northern New Jersey. The consultation may be free, speak to me and I will let you know ahead of time. I will do what I can to help you out.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 6/12/06, 12:12 pm


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