Havertown, PA asked in Estate Planning for Pennsylvania

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?

Related Topics:
1 Lawyer Answer
Michael J Girardi
Michael J Girardi
  • Estate Planning Lawyer
  • Lower Burrell, PA
  • Licensed in Pennsylvania

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.