Nina B. Stryker
PartnerNina is a partner at Obermayer and Chair of the Trusts and Estates practice group. Her practice is devoted exclusively to estate and trust law, with an emphasis on estate related litigation....
Read More by AuthorDisinheriting a spouse in Pennsylvania is not as simple as leaving a spouse nothing under the Will. In Pennsylvania, the surviving spouse has the right to receive an “elective share” of certain property of the deceased spouse. This election must be made by the surviving spouse or his/her guardian within six months of the decedent’s date of death or probate of his/her will by written filing with the clerk of the Orphans’ Court Division in the county where the decedent was domiciled. Failure to comply with the filing deadline will result in a waiver of the right of election.
The property subject to the right of election includes the following:
To the extent it does not pass as part of the decedent’s probate estate, property not subject to the elective share includes:
It is important to note that exercising your right to an elective share of your deceased spouse’s estate can result in a disclaimer of other testamentary gifts made to you by the decedent. An experienced probate attorney can advise on whether electing against your deceased spouse’s will makes sense for you.
The information contained in this publication should not be construed as legal or medical advice, is not a substitute for legal counsel or medical consultation, and should not be relied on as such.