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What are my rights if my fiancé dies without updating his will?

What are my rights if my fiancé dies without updating his will?

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: 04/07/2025
State: Pennsylvania

Answer:

As his spouse, your rights depend on his will or, if he has no will, the laws of intestate succession. If you are not satisfied with what is provided in the will, you can elect to take a statutory share under Pennsylvania law. This must be done within six months of his death or before the end of the probate period. The election allows you to receive one-third of certain property, but you must give up your claim to other property specified in the will. It's important to compare the benefits of electing against the will versus accepting what is offered in it.

Additionally, as a spouse, you may have other rights, such as homestead rights. If there is a premarital agreement, your rights may be affected. The decision about whether your name should be on the title of the home is something you and your fiancé should discuss. I hope this helps.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do you protect your children's inheritance if you remarry?

To protect your children's inheritance after remarrying, consider creating a will that clearly outlines your wishes regarding their inheritance. You may also want to establish a trust to manage the assets for your children. Additionally, discussing your intentions with your new spouse can help ensure that both parties understand and agree on how assets will be handled. It's also wise to consult with an attorney to draft legal documents that reflect your intentions and protect your children's rights.

What rights does an ex-wife have after death?

An ex-wife may have rights to certain benefits after her former spouse's death, depending on state laws and the terms of the divorce decree. For example, if she is named as a beneficiary in a will or life insurance policy, she may be entitled to those assets. Additionally, some states may allow ex-spouses to claim a portion of the estate if there is no will. It's essential to review the specific divorce agreement and consult with a legal professional to understand her rights.

What happens if my wife dies and the house is in her name?

If your wife dies and the house is solely in her name, the property will typically go through probate. Depending on her will, you may inherit the house if you are named as a beneficiary. If there is no will, state intestacy laws will determine how the property is distributed. As her spouse, you may have rights to a statutory share of the estate, which could include the house. Consulting with an attorney can clarify your rights and the probate process.

Can a child born out of wedlock inherit?

Yes, a child born out of wedlock can inherit from their biological parents. In many states, laws require that the child be recognized legally by the father, either through acknowledgment or court order. If the father has a will that includes the child, or if state intestacy laws apply, the child may inherit just like any other child. It's advisable to consult with a legal professional to understand the specific rights and processes involved.

Am I entitled to my ex-spouse's inheritance?

Generally, you are not entitled to your ex-spouse's inheritance after divorce. Inheritance is typically considered separate property unless otherwise specified in a divorce agreement. However, if your ex-spouse passes away and the will names you as a beneficiary, you may receive those assets. It's important to review your divorce decree and consult with an attorney to understand your specific rights.

Are children from previous marriages entitled to inheritance?

Yes, children from previous marriages are generally entitled to inherit from their biological parents unless explicitly disinherited in a will. Most states have laws that protect the inheritance rights of children, ensuring they receive a share of the estate. If a parent dies without a will, state intestacy laws will dictate how the estate is divided, often including children from previous marriages. Consulting with an attorney can provide clarity on specific rights and processes.