Can I disinherit my spouse or child in Pennsylvania?

1. Spousal Disinheritance. Pennsylvania is a separate-property state. Under 20 Pa.C.S. § 2203, a surviving spouse may elect to take one-third of the conveyed estate, which includes probate property, certain inter vivos transfers within one year of death, retained life-interest transfers, and revocable trusts.

2. Augmented Estate. Pennsylvania uses the term "conveyed estate" under 20 Pa.C.S. § 2203(a), which is analogous to the UPC augmented estate but applies a flat one-third rather than the UPC sliding scale.

3. Elective Share Procedure. The election must be filed in writing in the Orphans' Court within six months after the decedent's death or the date of probate, whichever is later (20 Pa.C.S. § 2210). The election is personal to the spouse but may be exercised by a guardian.

4. Pretermitted Child. Under 20 Pa.C.S. § 2507(3), a child born after the will is executed and not provided for receives an intestate share. Adoption after execution can also trigger this rule.

5. Intentional Disinheritance of Child. Adult children may be expressly disinherited; Pennsylvania does not protect adult children from disinheritance.

6. Louisiana Forced Heirship. Does not apply in Pennsylvania.

7. Prenuptial / Postnuptial Waiver. Pennsylvania recognizes premarital and postnuptial waivers of elective share under 20 Pa.C.S. § 2207 with full and fair disclosure or knowing waiver. The Pennsylvania Supreme Court in Simeone v. Simeone, 581 A.2d 162 (Pa. 1990), adopted a contract-based approach.

8. Homestead, Family Allowance, Exempt Property. Family exemption of $3,500 to the surviving spouse or qualifying family member under 20 Pa.C.S. § 3121, regardless of will provisions.

9. Will Contest Grounds. Lack of testamentary capacity, undue influence, fraud, forgery, or improper execution; appeals from probate decisions filed in Orphans' Court within one year of probate under 20 Pa.C.S. § 908.

This is legal information, not legal advice.