In PA if a husband and wife are married and residing in the same home at the time the deed- holding spouse dies does a will supercede community property?

The property was willed to me and I need to know that this overrides PA community property laws.

Asked on July 2, 2009 under Estate Planning, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a bit unclear as to what you are asking.  I am not admitted in PA.

Let me see if I understand. You were left property by the decedent who was married at the time of his/her death.  He/she was the sole deed holder.  First, Pennsylvania is not a community property state but I think you meant it was their married home.  How the deed is held is important.  You are saying that it was his/hers alone not theirs as husband and wife with rights of survivorship?  Are you sure?  Was it their marital home and/or did he/she own it as separate property prior to marriage? 

All these questions need to be answered before a proper answer to your question is given.  I think that you should seek legal counsel in your area. You may have a Will contest on your hands.  If the remaining spouse has in some way been left out of the Will or lost their rights in some way in the marital home you may have a problem. You can't disinherit your spouse.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a bit unclear as to what you are asking.  I am not admitted in PA.

Let me see if I understand. You were left property by the decedent who was married at the time of his/her death.  He/she was the sole deed holder.  First, Pennsylvania is not a community property state but I think you meant it was their married home.  How the deed is held is important.  You are saying that it was his/hers alone not theirs as husband and wife with rights of survivorship?  Are you sure?  Was it their marital home and/or did he/she own it as separate property prior to marriage? 

All these questions need to be answered before a proper answer to your question is given.  I think that you should seek legal counsel in your area. You may have a Will contest on your hands.  If the remaining spouse has in some way been left out of the Will or lost their rights in some way in the marital home you may have a problem. You can't disinherit your spouse.


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