Legal Question in Wills and Trusts in Pennsylvania

married coulpe with a house in both names. Spouse dies and writes a will, leaving her half of the house to her Sister. Is this legally possible??


Asked on 6/15/12, 6:59 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

If wife is the surviving spouse, she may be able to leave her interest to her Sister.

If they owned it as tenants in common, each spouse may devise their respective interests by will. If they owned it as tenants by the entirety, which would either be specifically stated, or if their names as grantees [the "to" people] are shown as husband and wife, then it automatically becomes the sole property of the surviving spouse.

If the will of the first spouse talks about the house but the property was tenants by the entirety, the first spouse could not leave the house to anyone, because it automatically becomes the sole property of the surviving spouse, and is not part of the estate of the deceased spouse.

People can write anything in wills. The questions is, are such provisions enforceable?

The estate of first to die had to be probated. Whether it was under a will or not, the will or the intestate succession law would govern who gets what.

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.

Read more
Answered on 6/16/12, 7:14 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Pennsylvania