Philadelphia, PA asked in Estate Planning and Family Law for Pennsylvania

Q: Hello, my husband has a will with me asbeneficiary of tangible assets and our minor child as one on who gets his inherit

guardian his friend & a trustee ..do I as the wife get money to raise the child and take care of myself?

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2 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
Answered

A: Child support, in money, generally ceases upon death of the payor.

You can elect to take against the Will, however, your question offers no values to support a recommendation.

Confer with an experienced PA lawyer, armed with your full facts. to get your best recommendation.

A: Your description does not include enough details to give you clear answers, but you do refer to your "husband", so if there is not a divorce at issue, as the surviving spouse and since this child is from your marriage, you have the right to elect against a will as you describe in your question so that you get a certain minimum amount of the estate and then a percentage of the estate in excess of that minimum goes to you and the balance goes to your child.

Unless there are other issues with child custody not included in your summary your husband's will cannot create a guardian for your child while you are surviving.

You will want to meet with an experience estate attorney as soon as possible since there are time limits on electing against the Will.

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