Decedent’s Retained Remainder Not Part of Estate Passing to Wife as Pretermitted Spouse

Before marrying his wife, the decedent executed a deed conveying a life estate to the woman who would later become his wife if she survived him, with the remainder passing at her death to “the parties entitled thereto in the said will” if he died with a will. The decedent died with a will that was executed before the marriage, but the remainder was excluded from the estate subject to the wife’s intestate share as pretermitted spouse under 20 Pa.C.S. 2105(a) (as in effect in at the decedent’s death in 1975) because she had joined in the deed. Estate of Evelyn S. Holtry, Deceased v. Sandra K. Myers, et. al., 1 Fid.Rep.4th 43 (Franklin C.D. 2023).

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