Harrisburg, PA asked in Estate Planning and Probate for Pennsylvania

Q: Inheritance with Requirements: Must get married

A grandparent died and stipulated in her will that a particular heir is required to marry if he is to receive his inheritance. Is this something that the executor of the state can waive? Or must it be challenged in court?

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1 Lawyer Answer
Kathryn Hilbush
Kathryn Hilbush
Answered
  • Media, PA
  • Licensed in Pennsylvania

A: This is an estate planning question which somehow ended up going out to the family law attorneys. I'll venture a guess, and that's all it is mind you, that the grandparent was allowed to set any legal prerequisites to the inheritance and that, absent some allegation of coercion or mental incompetence, the will would stand as written. That being said, why not take the will to an estates attorney and discuss the situation in person?

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