Which Will takes precedence – a husband’s or a wife’s?

UPDATED: Oct 1, 2022

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Which Will takes precedence – a husband’s or a wife’s?

My husbands father passed 17 years ago and left his property to his wife until her death. She died in 3 years ago, so it should of went to my husband for that’s what the Will said. However, being that we had bought our own house and his half brother was older and had health problems, we let him live there. Now he’s passed and we found a Will from his mother disinheriting my husband. When his dad passed there was 9 properties left. She lost all but 1 either to back taxes or sold them cause she

had a gambling problem. So we need to know if her Will makes his dad’s voided. He is their only child together.

Asked on March 14, 2018 under Estate Planning, Pennsylvania


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

Answered 4 years ago | Contributor

I am so sorry for your loss and for the situation.  Please take all of the documents with a timeline to an attorney to review.  First, if he left it to her outright - or they owned it jointly - it went to her upon his death and her Will governs.  But that is a general statement and cases are always fact specific.  Also, you need to specifically disinherit a child in most states so the wording of the WIll matters.  Get help.  Good luck. 

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