Q: In PA. My wife has an investment account created during the marriage. Can she will it all away or am I entitled to it?
Money was from a malpractice suit that occurred during the marriage. She placed the money in stocks and bonds and she set it up to go to her family upon death. Can a marital asset be willed away from a spouse at death? We used funds from the account for a down payment on a second house and have used some of the money for marital assets. She states she has given me enough and wants remaining to go to her family upon her death.
A: In the event of death, a spouse may will their assets to anyone, however, the spouse has an elective share of 1/3 of the assets. This means that if your spouse leaves you less than 1/3, you can elect against the will to get the 1/3 of the assets.
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