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In Pa. What does the surviving spouse get 1/3 or half, on a will made before marriage and left of the will, and not having any kids with the him

1 Answers. Asked on Mar 18th, 2017 on Wills and Probate - Pennsylvania
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After father passed away, we got the original will and probated it.. My step-mom is not in the will because it was before marriage.. What does pa. Say on how much they get from the estate, is it half or 1/3
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Answered on Mar 20th, 2017 at 7:50 AM

Yes, your father's surviving spouse is entitled to what is called an "elective share".  1/3 of certain assets.  The share applies to a variety of assets passing via the will and outside the will.  So one should take stock of what she is receiving via non-probate and under the will and decide which option is best for her. 

I recommend that you seek out a local attorney for a more in depth discussion of the matter. I do not recommend that you take any action steps without such a consult. Act quickly because by waiting, you may lose certain rights and remedies available to you.

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