Legal Question in Wills and Trusts in Pennsylvania


I have been married for 23 years. havelived with my husband for 25 years in the same house the house is in his name only if he dies what happens to the house and what are my legal rights.

Asked on 1/10/07, 7:16 am

2 Answers from Attorneys

Mark Johns Mark Johns, Esquire

Re: house

If he has no children you would get the house in an intestate probate. You may wish to discuss with a lawyer your rights if he does have children and ways to avoid probate. I offer free initial consultations.

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Answered on 1/10/07, 8:11 am

Miriam Jacobson Law Offices of Miriam N. Jacobson

Re: house

It depends on whether or not he has a Will. If he does not, you are entitled to a surviving spouse's share, which would be a portion that varies depending on the number of children you and he had together, and if he had other children.

If he does have a Will, and has not left the house and/or other assets to you, you may contest the Will and you may elect to receive your surviving spouse's share.

None of this will come into operation until your husband dies. While he is alive, it is important for you and him to discuss these issues and for both of you to have Wills, Powers of Attorney, and Advance Health Care Directives.

You should consult an estates attorney. If your marriage is on shaky grounds, you should also consult your own family law/divorce attorney to find out what your rights are and how to protect them.

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Answered on 1/10/07, 12:47 pm

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