If my father passed and left all his assets to his spouse in his Will but he was not divorced from my mother when married the second wife, what are my rights?

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If my father passed and left all his assets to his spouse in his Will but he was not divorced from my mother when married the second wife, what are my rights?

Does it makes any difference in what, if anything, that I m entitled to? His executor is his second “wife”.

Asked on October 24, 2012 under Estate Planning, Pennsylvania

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss and for the situation.  You need to take the Will to an attorney to review.  Your Mother must "elect" against the Will as you can not disinherit a spouse in Pennsylvania.  How the wording will effect the validity of the Will in total remains to be seen.  If the Will is thrown out then the estate will pass via intestacy and you will indeed inherit.  But again, one needs to read the document.  Good luck.  


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