Full question:
I am marrying a man who's former wife is deceased, he has one adult child. He currently owns a sucessful corporation and home in his name and his deceased wife. He has a will but it is not current since her death. He is not interested in getting a prenuptial and has not said what he plans on changing in his will. I am not sure what I would be entitled to if not included in a new will after marriage, can you explain what I would be entitled to or not and should I invest my personal finances in his house if my name is not on the title? I do not think his son would want me to have anything from the business or the home although I will be living there with my children after marriage, what entitlement do I have upon marriage if nothing is in writing after his death.
- Category: Marriage
- Date:
- State: Pennsylvania
Answer:
After marriage you would receive what he provides in his Will or if he has no Will by the laws of intestate succession. If you are not satisfied with what he provides you in the Will, then, Within six months after a person's death or before the expiration of six months after the date of probate, whichever is later, a surviving spouse has a right to elect against what the will provides and take what Pennsylvania law has designated as a surviving spouse's share. This election requires the surviving spouse to give up his or her claim to certain property in return for a statutory share of one-third of certain other specifically identified property. In deciding whether to elect against a will, a surviving spouse should calculate what the spouse’s share would be with an election and without an election. Whichever choice provides the surviving spouse with the most beneficial treatment can be selected. You could also other rights as a spouse such as homestead, etc. If there is a premarital agreement these rights could be affected or waived. Title to the home and your name on the deed if you would be the one to receive it would be up to you and he to decide. I hope this helps.
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