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

Skip to Content
Klenk Law

What Happens if my Same-Sex Spouse Dies Without a Will?

Posted on Tue Jun 10, 2014, on LGBT Estate Planning

From Our “Ask a Question” mailbag: “What Happens if my Same-Sex Spouse Dies Without a Will?”

Most recently updated on June 6th, 2018.

The Possible Types of Wills in Montgomery County, Pennsylvania

Estate Planning Attorney, Tatyana Gleyzer.

“My wife and I got married a few years ago, but she has children from a prior marriage.  She doesn’t like to talk about writing a will. But avoiding this talk makes me nervous. What Happens if my Same-Sex Spouse Dies Without a Will?”

What Happens if my Same-Sex Spouse Dies Without a Will?

In Pennsylvania, if a person dies without a will, his or her assets are divided up under the Pennsylvania intestacy rules. If you are married without children, all your assets pass to your surviving spouse. If you are married but have children, your spouse does not receive everything. Pennsylvania presumes that if a deceased person without a will had children, then some of the assets should pass to the children.

When the Children are Not Yours.

If the children happen to be the children of both spouse’s, then the spouse receives the first $30,000.00.  The remainder is divided one-half to the spouse, and one-half divided equally between the children. But, if the child is from a previous relationship, then the estate is divided equally.  One-half to the surviving spouse and one-half divided equally between the children.

How to Avoid the Default Rule.

If you have children but want all of your assets to pass to your surviving spouse, you can quickly do this by making a will. Your estate planning attorney can help draft this will. Plus, the estate planning lawyer can give you ideas about how to protect the inheritance from potential creditors or even how to have the remaining assets pass tax-free to the children at the surviving partner’s death.

More Planning Questions?

If you have more estate planning questions, please read my more detailed article, Estate Planning, Everything You Need to Know.

In Conclusion: What Happens if my Same-Sex Spouse Dies Without a Will.

In this article, I tried to answer the question, What Happens if my Same-Sex Spouse Dies Without a Will. Further, I included links to even more detailed information on my website. So, let me know how I did, comments and questions are welcome! I hope it helped! 

If you have more questions about wills and estate planning, let our Philadelphia County Estate Planning Lawyers help walk you through the confusing process.  Our lawyers are ready to answer your questions. Feel free to contact our office for a free consultation. 

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

Tags:

Estate Planning Attorney, Estate Planning Lawyer, LGBT Estate Planning, Pennsylvania, Peter Klenk, Tatyana Gleyzer

What Our clients are saying

Klenk Law Logo
Stars

Excellent, knowledgeable team handled a complicated issue with superb results.

Klenk Law Logo
Stars

Peter provided outstanding advice and preparation of a will and trusts.

Klenk Law Logo
Stars

Peter is excellent. I had a very complicated situation with my parents' estate planning and potential Medicaid needs. Peter was very knowledgeable in estate planning matters, able to define the best solution for the situation. Additionally, he was congenial and able to communicate effectively to my senior citizen parents the benefits of estate planning. He earned my trust, and more importantly, my parents' trust in a 45 mins consultation period. Highly recommend Peter. He is very easy to work with.

Klenk Law Logo
Stars

Like another reviewer, I contacted Peter through his website using the free consultation link, for a question regarding PA inheritance taxes. The question was quite technical and difficult to explain, and the answer was nowhere to be found on the web. Peter grasped precisely what I was asking, and provided a clear, helpful response (with a touch of humor) the very next day.

Klenk Law Logo
Stars

Peter is a model attorney who puts his clients first at all costs. His extensive expertise in estate planning and tax planning was a great comfort as we began, and have expanded, our family. He is very thoughtful, generous, and quick witted. His approach towards his business has been an inspiration to his peer group, and his zest for life is extremely infectious. Without reservation, I highly recommend Peter as trusted and cherished counsel

Let us put our expertise to work for you.

Free consultation within 24 hours.