While it is quite sad, relationships do fall apart. But what after that? Will you be able to disinherit your wife from your property if you feel they have wronged you in any way? The answer is no. You can disinherit anyone, including your child, or your parents, from your property, but not your spouse. An attorney can help you understand, so click to learn more.
Laws in Pennsylvania:
Since we are specifically talking about Pennsylvania, the spouse is protected from being written off from the will according to state laws. If it is a widow, she will not be left penniless and will be taken care of by the welfare system. If the spouse has been left with nothing or close to nothing, they will also be able to file a claim, which is also known as Spousal Elective Share.
Still, it is important to remember that there are certain limitations as well. The spouse will only be able to claim one-third of the property. Moreover, they will not be able to claim any interest from the investments made, or the retirement funds. Likewise, if a property was sold with the agreement of both spouses, it can no longer be claimed. However, if it was done without the consent of the spouse, they will be able to claim a certain amount of the property.
An example of what happens if a spouse is disinherited:
Suppose there is a couple named Alex and Jane, and it has been a significant time since they started having problems in their marriage. Alex gets involved in an extramarital affair and decides to disinherit his wife from his will and property. He even takes out all the money he had in the savings account and changes the beneficiary to his new partner.
Now, under one circumstance, Alex passes away due to an accident. What happens then? If they were in the early stages of the divorce, Jane would still be able to claim one-third of Alex’s property. However, she may not be able to claim any of the life insurance. There is a lot to learn about the Spousal Elective Share, so it would be best to get in touch with a lawyer.
Final thoughts:
If you would like to know more about what can be done about your specific situation, it is recommended that you hire an attorney.
