No, not completely. Pennsylvania's elective share law prevents total disinheritance of surviving spouses. Even if your spouse's will leaves you nothing, you have the right to elect against the will and receive approximately one-third (1/3) of the estate. You must file this election within 6 months of probate beginning. Additionally, you're entitled to the family allowance ($3,500 in property) regardless of what the will says. This applies even if you were separated at death (as long as not divorced). However, valid prenuptial agreements can waive these rights if properly executed. If your spouse's will leaves you nothing or very little, immediately consult a Pennsylvania estate attorney to understand your elective share rights and the 6-month deadline.

PA Probate Help can connect you with experienced attorneys and help calculate whether electing makes financial sense in your situation.

If both parents die, Pennsylvania law provides several protections for minor children.

Guardian appointment: The court appoints a guardian of the person (manages child's care/upbringing) and possibly a separate guardian of the estate (manages child's inheritance). This is often a relative named in parents' wills, or court selects appropriate guardian if no will.

Financial support: Children entitled to family allowance ($3,500) and court can order ongoing support from estate during administration.

Inheritance protection: If children inherit substantial amounts, court requires guardianship of estate or trust to protect assets until children reach maturity (typically 18, or older if trust specified).

Distribution: Usually held in trust until child reaches specific ages (often staggered distributions at 21, 25, 30).

Property management: If children inherit real estate, trustee/guardian manages it for children's benefit. Pennsylvania Orphans' Courts take children's welfare seriously and actively oversee guardianships.

PA Probate Help assists guardians in managing estate property for children's benefit, ensuring properties are maintained, sold at appropriate times, and proceeds protected for children.

Pennsylvania statute doesn't specify an absolute deadline for claiming the family allowance, but practical considerations require early action.

Best practice: Claim the family allowance within the first 2-3 months of estate administration. The earlier you claim, the easier the process.

Why timing matters: If you wait too long, property may be sold or distributed to others, complications arise if estate is insolvent, executor may have relied on your non-claim when planning distributions, and court may question delayed claims.

Process: Notify executor of your claim, select specific property worth up to $3,500, and take possession. If executor disputes, file formal claim with Register of Wills or Orphans' Court.

As surviving spouse or parent of minor children, you have priority for this allowance even over creditors. Don't assume you're not entitled—claim it early.

PA Probate Help helps families understand family allowance rights and guides the claiming process, including property valuation and executor coordination.

This is a common scenario in blended families, and Pennsylvania law protects you through the spousal elective share.

Your rights: You can elect against the will to receive approximately one-third of the estate regardless of what the will says, plus the $3,500 family allowance.

Timeline: Critical 6-month deadline to file election with Register of Wills. Missing this deadline permanently forfeits your rights.

Factors to consider: Your financial need vs. independent means, your contribution to the marriage/assets, relationship with stepchildren and desire to preserve family harmony, estate's total value and your elective share amount.

Process: Immediately consult Pennsylvania estate attorney who can calculate your exact elective share, file timely election if beneficial, negotiate with executor/stepchildren if possible.

Property implications: Election may require selling estate property to generate cash for your share.

PA Probate Help's role: We help calculate property values for election decisions, coordinate property sales if needed to satisfy your election, navigate sensitive family dynamics, and connect you with experienced estate attorneys. Many surviving spouses don't know about elective share rights and miss the deadline—don't let this happen to you.

Generally yes, Pennsylvania law and practice typically allow surviving spouses to remain living in the marital home during estate administration, even if the house is titled in deceased spouse's name only.

Your rights during probate: Continue occupancy during the 6-month elective share election period, remain in home during reasonable estate administration (typically 12-18 months), and cannot be immediately evicted by executor or other beneficiaries.

Your responsibilities: Pay utilities and basic maintenance, keep property insured, don't damage or waste property, allow reasonable showings if sale necessary.

Long-term considerations: If house left to you in will, you can stay permanently. If left to others or you elect share, eventual distribution may require you to vacate, purchase others' interests, or receive the house as part of your elective share. If estate insolvent and house must be sold for debts, you'll eventually need to leave but given reasonable time.

Property sale timing: Executor should coordinate with you before listing property, giving you time to secure alternative housing.

PA Probate Help assistance: We help navigate occupancy issues sensitively, coordinate sale timing with your housing needs, facilitate buyout arrangements if you want to keep house, and ensure your rights protected during property transitions.

Pennsylvania distinguishes between guardians and trustees, each with different roles for minor children.

Guardian of the Person: Appointed by court, has custody of child, makes day-to-day decisions (school, medical, living arrangements), responsible for child's care and upbringing, role ends when child reaches 18.

Guardian of the Estate: Appointed by court, manages child's financial assets and property, makes financial decisions for child's benefit, files accountings with court, posts bond, role ends when child reaches 18 (or later if extended).

Trustee: Named in will or trust document, manages assets in trust for child's benefit, distributions according to trust terms (often staggered), broader discretion than guardian, often continues past age 18 (until 21, 25, 30, or even longer), doesn't require court approval for routine decisions.

Can be same person: One person can serve in multiple roles.

Property management: For substantial inherited property, trustee arrangement often better than guardianship—more flexibility, less court oversight, protection past age 18, more sophisticated management.

PA Probate Help's role: We assist guardians and trustees in managing inherited real estate for children, including property sales, rental management, maintenance coordination, ensuring properties benefit children as intended. We help navigate which structure makes sense for different property types and values.

Prenuptial agreements can waive spousal elective share and other estate rights, but enforceability depends on whether the agreement was validly executed.

Pennsylvania requirements for enforceable prenup: Written agreement signed before marriage, fair and reasonable disclosure of assets at signing, opportunity for independent legal counsel, voluntary (no coercion or fraud), not unconscionable at time of signing.

What can be waived: Elective share rights, intestate succession rights, right to serve as executor/administrator, claims to specific property.

What cannot be waived: Right to claim family allowance ($3,500) sometimes still available, rights accruing after marriage in some cases, child support obligations.

Challenging the prenup: If prenup wasn't properly executed, you may challenge its validity claiming inadequate disclosure, coercion or duress, unconscionability, fraud or misrepresentation, procedural defects.

Your action: Immediately consult estate attorney to review the prenup's validity and your remaining rights. Even with prenup, you may have some claims.

Timing critical: Still subject to 6-month election deadline even when challenging prenup.

PA Probate Help's role: We cannot advise on prenup validity (attorney's job) but can provide property valuations and estate information needed for your attorney's analysis, connect you with estate attorneys experienced in prenup challenges. Don't assume prenup is valid without attorney review—many have defects making them unenforceable or partially unenforceable.

This requires detailed financial analysis comparing what you'd receive under each scenario.

Accept the will if: Will leaves you more than your elective share would provide, will includes specific property you want (house, family business, sentimental items), relationship with other beneficiaries (often children) matters more than additional money, deceased made will with your knowledge and agreement, you have sufficient independent means and don't need maximum estate amount.

Elect against will if: Will leaves you significantly less than 1/3 elective share, you need the additional money for financial security, you feel you were unfairly treated, will was made without your knowledge or under suspicious circumstances, prenup is invalid or didn't cover estate rights.

Calculation required: Attorney must determine exactly what property is subject to election, calculate your precise elective share amount, compare to what will provides, consider tax implications of each option, factor in family allowance (you get this either way), analyze whether estate has liquidity to pay election.

Example: Will leaves you $50,000. Elective share calculation shows you're entitled to $150,000. Clear benefit to electing = $100,000 additional.

PA Probate Help's analysis: We provide detailed property valuations needed for accurate calculations, connect you with estate attorneys who can run precise numbers, help you understand property implications (sales, liquidity, timing). This is too important a decision to make without professional analysis—the 6-month deadline makes mistakes permanent.