Legal Question in Family Law in Pennsylvania

spousal abandonment

My mother in laws husband left her and their 2 children over 30 years ago. There has never been any contact, alimony or child support. He recently died, is my mother in law entitled to anything?

Asked on 1/11/07, 8:44 am

1 Answer from Attorneys

Solomon Weinstein Solomon Weinstein, Esquire

Re: spousal abandonment

If the husband was still married to your mother-in-law at the time of his death,( ie he had not obtained a divorce and/or her as well), then your mother-in-law would be entitled to make a claim against his estate. There is not enough facts such as whether he died intestate without a will or testate with a will. Also, your correspondence does not indicate in what State he passed. This could provide other issues and possibly effect her rights. These and other issues may have some effect on the matter. However, you cannot disinherit a spouse in Pennsylvania so in that case she would be able to claim whatever interest she may have. If He died without a will then his children would also be entitled to a share of his estate.Of course if he mentions them in a Will they would also have an interest. In any event you would be advised to contact an attorney immediately to discuss this isue since it has many possible side issues. I would be happy to consult with you should you desire to contact me.

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Answered on 1/11/07, 10:42 am

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