Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

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

What Our clients are saying

Klenk Law Logo
Stars

Chris Benson

My family and I was pleased with the service, and insight of Klenk Law. All of our questions and concerns were patiently answered. I will be referring this firm to many family and friends to assist with real estate planning etc. Thank Klenk Law

Klenk Law Logo
Stars

Richard Test

Very knowledgeable and easy to work with. Also very competitive pricing. Recommended to me by another attorney. First class service from start to finish.

Klenk Law Logo
Stars

Javier Suarez

The whole process of ensuring that I can provide my mother her wishes upon her death, was made easy by working with the team at Klenk Law. I received my documents quickly and properly.

Klenk Law Logo
Stars

Marilyn Dolgoff

I worked with Daniella to settle my father’s estate. She was kind, efficient, knowledgeable, and made the entire process seamless. I highly recommend working with Daniella.

Klenk Law Logo
Stars

Michelle Schamis

Peter explains things in a practical way to help guide you through a rather daunting process. We have been using Klenk Law for years. Highly recommend.

Let us put our expertise to work for you.

Free consultation within 24 hours.