If my father remarried 3 years ago and died 8 month ago, is there minimum “married-time” requirement needed in order for his wife to share in his estate?

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If my father remarried 3 years ago and died 8 month ago, is there minimum “married-time” requirement needed in order for his wife to share in his estate?

Asked on October 24, 2012 under Estate Planning, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Sorry to hear about your father.

There isn't any minimum married time requirement regarding a spouse's inheritance.

If your father left a Will, the provisions of the Will are controlling.

If your father did not leave a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.  Under intestate succession, your father's surviving spouse inherits his entire estate.  If there had not been a surviving spouse, the estate would be divided equally among the surviving children under intestate succession.


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