Is there a chance that my father’s wife will not be able to take anything from the estate?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is there a chance that my father’s wife will not be able to take anything from the estate?

My father passed away in July. He had a Will stating that his home is left to my brother and myself. My father was married when he was 19 and separated 6 months later. My father was 52 when he passed. I understand the whole “elective share” thing and that legally she is entitled to 1/3 but my father received the house from my grandfather in the amount of $1.00 in 2001. They weren’t together then and she has never lived here. Is there a chance that she could be denied a share of something that she doesn’t rightfully deserve? Me and my brother are sick over the fact that we could lose our home.

Asked on November 2, 2010 under Estate Planning, Pennsylvania

Answers:

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

Answered 13 years ago | Contributor

I am so sorry for your loss.  Here is the thing: technically he "purchased" the house from your Grandmother with "marital" money and during the marriage.  Therefore, it could be considered marital property.  If he had inherited the property then as long as inheritance is kept separate and apart then it is not marital property and one can Will it any way one wishes.  If there is enough to pay her an elective share separate and apart from the house then you can use that as leverage.  otherwise, it may be in your best interest to discuss buying her out of the estate.  I would really seek help from an attorney in your area and ask about case law that may place this property outside the realm of marital property.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption