Legal Question in Wills and Trusts in Pennsylvania

The house would be part of his estate. Without a will, his legal heirs, which include wife and children, would inherit the house as well as any other assets, after payment of all taxes and estate expenses. A surviving spouse has the right to the first share [an amount which may change from time to time by statute], and the children share in the balance. If the estate does not have sufficient liquid assets to pay the taxes and expenses, the house may have to be sold.

The best ways to assure your continued right to the house would be for your husband to convey his sole interest to himself and you as spouses, and he should have a will to dispose of his estate assets as he would want, rather than allowing state statute to dictate. Although he could try to not leave assets to you, you would still have statutory rights as a surviving spouse.

In addition to a will, which many people feel they do not need because they are "not rich", everyone should have advance health care directives and a health care power of attorney, and a separate power of attorney for all matters other than health care. It is easier on family to have a person's preferences about medical issues stated in an enforceable document, rather than have family or others have to make such decisions without direction about preferences.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

To the above, I would question whether you and your spouse signed any type of pre or post marital agreement waiving your respective elective share rights and rights to administer the estate. If not, then what was stated above is correct. While a spouse cannot be completely disinherited, there is no guarantee that you would receive the house or the right to live there.

If you have a blended family, it may be perferctly reasonable for your husban's children to inherit his property and your children your property. So that you are not completely cut off, alternate arrangements can be made for you, such as purchasing ample life insurance or annuities or allowing you to stay in the home if something happened to your husband. However, all of this needs to be discussed and planned properly.

While sometimes painful, you and your husband need to sit down and have a frank and honest discussion about disposition of your assets. If your children are adults, you may wish to include them. If they are minors, you also need to discuss who would serve as a guardian for your children. After you reach consenus, you should then consult an estate planning attorney in your county to determine whether a will or trust and related estate planning documents will suffice (health and financial powers of attorney and living wills or advance directives).

If you cannot afford an attorney, at least get a will and basic documents. Many are available for free at www.ilrg.com or at a legal site like www.nolo.com.