QUESTION

If husband dies and there is no will, except for a 26 year old will that predates our marriage and assets, is that will valid?

Asked on Nov 24th, 2015 on Estate Planning - Pennsylvania
More details to this question:
How much am I entitled to if we share joint on most properties?
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1 ANSWER

Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
If the will is otherwise legal-signed at the end and witnessed, someone could file it. As a spouse, you would then file a document titled Election Against Will which would allow you to claim 1/3 of all property acquired during the marriage. However, the will only covers property in his name only. If, as you say, all of his property is jointly held or by the entirety held with you, then you will inherit all of that joint property. If that is the case, perhaps the will really is not an issue as there is nothing passing into his estate.
Answered on Dec 07th, 2015 at 5:00 PM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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