Say, I got married for the second time and my name is not on any land or house that he owns and he doesn't have a will & he dies
what is the best thing to do? we both have children
Attorney answers (2)
Andrew Daniel Myers
Reputation Level 20
Answered over 2 years ago.
Personal Injury Lawyer in North Andover, MA.
Hopefully a Pennsylvania attorney will chime in on the specifics of the spousal share in the Commonwealth.
However, it doesn't matter that your name is not on the house, due to the fact that you are married, the house is part of the marital estate and you have an equitable interest in it. If he dies without a will, the estate is administered withouth the will, and under the intestasy statutes of most states, you and the children would receive whatever property your husband has.
Sit down and have a conversation with your husband and urge him to go together with you to an estate planning attorney to get a will, trust or whatever else is appropriate to your circumstances. Also, you should investigate any life insurance he may have through work and make sure that the beneficiary statements are up to date, naming you and/or the kids.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
Steven J. Fromm
Reputation Level 20
Answered over 2 years ago.
Tax Lawyer in Philadelphia, PA.
I am the PA attorney who is chiming in here. The prior attorney has given you sound advice-you must urge your husband to sit down with an attorney to provide for your protection, especially if you both have children from a prior marriage. This is an accident waiting to happen. If you read over many questions posed in Avvo this situation is cited many times as a problem. As a PA attorney, here is the controlling statute that provides for your share if your husband dies intestate:
"ยง 2102. Share of surviving spouse.
The intestate share of a decedent's surviving spouse is:
(1) If there is no surviving issue or parent of the decedent, the entire intestate estate.
(2) If there is no surviving issue of the decedent but he is survived by a parent or parents, the first $30,000 plus one-half of the balance of the intestate estate. Notwithstanding the foregoing, in the case of a decedent who died as a result of the terrorist attacks of September 11, 2001, a surviving spouse shall be entitled to 100% of any compensation award paid pursuant to the Air Transportation Safety and System Stabilization Act (Public Law 107-42, 115 Stat. 230).
(3) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, the first $30,000 plus one-half of the balance of the intestate estate.
(4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate.
(5) In case of partial intestacy any property received by the surviving spouse under the will shall satisfy pro tanto the $30,000 allowance under paragraphs (2) and (3).
It would seem that paragraph 4 would be controlling in your situation if your huband dide without a will; namely, you would be entitled to 1/2 of his estate.
Hope this helps.
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