If my father passed and left all his assets to his spouse in his Will but he was not divorced from my mother when married the second wife, what are my rights?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my father passed and left all his assets to his spouse in his Will but he was not divorced from my mother when married the second wife, what are my rights?
Does it makes any difference in what, if anything, that I m entitled to? His executor is his second “wife”.
Asked on October 24, 2012 under Estate Planning, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am so sorry for your loss and for the situation. You need to take the Will to an attorney to review. Your Mother must "elect" against the Will as you can not disinherit a spouse in Pennsylvania. How the wording will effect the validity of the Will in total remains to be seen. If the Will is thrown out then the estate will pass via intestacy and you will indeed inherit. But again, one needs to read the document. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.