QUESTION
In Pa. What does the surviving spouse get 1/3 or half, on a will made before marriage and left of the will, and not having any kids with the him
Asked on Mar 18th, 2017 on Wills and Probate - Pennsylvania
More details to this question:
After father passed away, we got the original will and probated it.. My step-mom is not in the will because it was before marriage.. What does pa. Say on how much they get from the estate, is it half or 1/3
1 ANSWER
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Yes, your father's surviving spouse is entitled to what is called an "elective share". 1/3 of certain assets. The share applies to a variety of assets passing via the will and outside the will. So one should take stock of what she is receiving via non-probate and under the will and decide which option is best for her.
Answered on Mar 20th, 2017 at 7:50 AM