Q: My friend just died. She has been estranged from her husband for ten years. They are not legally divorced. Her will s
Will states ALL goes to her 19yearold son. Husbands name is not on any asset or insurance documents. Sharon owns everything alone. Executor of estate will hire a lawyer because will was done without lawyer. Is there Anya way that estranged husband can get part of her estate?
A: Typically, under Pennsylvania law, a spouse that is left out of a will has the right to elect against the will. In doing so, the surviving spouse would receive an amount roughly equal to one-third of the property. Thus, its difficult to disinherit a spouse. However, under Pennsylvania law, a spouse who, for one year or more years prior to the death of the other spouse, has willfully neglected or refused to perform the duty to support the other spouse, or who for one or more years has willfully and maliciously deserted the other spouse, shall have no right to elect.
While the husband may attempt to elect against the will, there is a strong case this right has been lost because of the estrangement.
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