Lehighton, PA asked in Divorce and Family Law for Pennsylvania

Q: Can I leave 100% of everything I own for my kids?

I am married, can I leave 100% of everything I own for my kids, or any family members, including house and retirement, in case of divorce or death? Thank you for your help.

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1 Lawyer Answer
Karen  Ulmer
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  • Langhorne, PA
  • Licensed in Pennsylvania

A: You can do a will that leaves everything to your children, however, if you do not leave anything to your spouse, your Spouse can elect to take against the will and depending on what state you are in will determine what your spouse is entitled to receive. As for retirement accounts, they generally fall outside the will and are designated by beneficiary and may require your spouse to sign a waiver if you are leaving that asset to someone else.

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