What are my rights once married regarding property of my new husband and his will
Full Question:
Answer:
After marriage you would receive what he provides in his Will or if he has no Will by the laws of intestate succession. If you are not satisfied with what he provides you in the Will, then, Within six months after a person's death or before the expiration of six months after the date of probate, whichever is later, a surviving spouse has a right to elect against what the will provides and take what Pennsylvania law has designated as a surviving spouse's share. This election requires the surviving spouse to give up his or her claim to certain property in return for a statutory share of one-third of certain other specifically identified property. In deciding whether to elect against a will, a surviving spouse should calculate what the spouse’s share would be with an election and without an election. Whichever choice provides the surviving spouse with the most beneficial treatment can be selected. You could also other rights as a spouse such as homestead, etc. If there is a premarital agreement these rights could be affected or waived. Title to the home and your name on the deed if you would be the one to receive it would be up to you and he to decide. I hope this helps.
