Legal Question in Wills and Trusts in Pennsylvania

second time around

I am 59 my husband 60. we have been

married for 7 yrs.

after talking about retirement my

husband mentions that there had been

a will written some 25 yrs ago between

him and his first wife. he does not know

where it is nor the attorney who had

performed the services for him. My first

husband died, however his first wife is

still alive . We have bought a home

together and have retirement accounts.

please tell me what needs to be done

and how to protect myself.


Asked on 11/08/06, 7:56 pm

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

Re: second time around

His first will is still out there and someone could try to probate when your husband dies if they find it. If it can't be found than he will be intestate and the laws of Pennsylvania will determine who gets his estate.

Even if he still had the will from 25 years ago it is out dated. If for no other reason he remarried. I am sure there were other events that might make his will out dated.

What you both need to do is to write new wills.

It also would be wise to make sure you both have advance health care directives better known as living wills.

If you have further questions feel free to contact me the initial consultation is free.

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Answered on 11/09/06, 9:23 am


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