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What happens if I die without a will after a second marriage in Pennsylvania?

Posted on Mon Aug 10, 2015, on Intestacy, Dying Without a Will

From our “Ask a Question” Mailbag: Dying Intestate During a Second Marriage

Most Recently Updated July 19, 2018.

“I am married to my second wife and live in Chester County, Pennsylvania. We have been married for many years and everything we own is in joint names. I don’t have a will. If I die first, don’t my children from my first marriage get part of my estate?”

Dying Intestate During a Second Marriage

Dying Intestate During a Second Marriage

If everything you own is held jointly with your wife and she survives you, then she has the right to take all of your assets. Your children will get nothing. Your second wife has no obligation to give your children anything, so she could disinherit them at her death.

Estate planning for second marriages can be a bit tricky, and it sounds like you want your children to inherit something at your death, so I suggest that we review your assets and come up with a plan. This could include moving some assets into your name alone, purchasing some life insurance for your children or even creating a Contract to Will with your wife. There are many options, lets talk and find the option that best fits your situation.

More Planning Questions?

Estate Planning for the second marriage is only a piece of the Estate Planning process. By all means, if you want to learn more, please read my more detailed article, Estate Planning Everything You Need to Know.

In Conclusion: Dying Intestate During a Second Marriage

I hope that this article was helpful in explaining how to plan for the second marriage. Further, I included links to even more detailed information on my website so you can learn more. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Estate Planning lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced estate planning lawyers.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do!

 

Tags:

Chester County, Estate Planning, Estate Planning Attorney, Estate Planning Lawyer, Intestate, Intestate Succession, Pennsylvania, Probate, Probate Attorney, Probate Lawyer, Rules of Intestacy

Peter KlenkPeter Klenk

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Peter Klenk is the founding member of Klenk Law, a seven attorney boutique estate planning law firm. We serve clients in Pennsylvania, New Jersey, New York, Minnesota and Florida. Peter Klenk received his Masters in Taxation LL.M. from NYU Law School and his J.D. from the University of Minnesota Law School. He served his country in the Navy JAGC during Desert Storm. Easy to talk to, feel free to call Peter for an appointment. We will make the process as easy as possible!

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