How to protect family home from second husband's elective share when there's no pre-nuptial agreement?

Question

My mother is a widow who remarried without a pre-nuptial agreement. She and her second husband live in her house. The house is titled in her and my (deceased) father's name. Her will states that the house goes to her three children upon her death. How can she ensure that her children get the house and that her husband cannot exercise his elective share on the house? Would it make sense to "sell" the house to the children while she's alive or perhaps put it in a trust? Would her husband still be able to exercise his elective share in either of those options? FYI, the house is in Pennsylvania.

Answer 1

See about getting a living will.  This is putting the house in her children's name but it is still hers until she dies.  This is just smart.  If she ever gets ill and needs to go to a nursing home this will also protect her home from the nursing home getting it when the insurance runs out.  This is smart and I think it is smart that she thinks of her children.  One more thing she can do is have papers drawn up that if she passes before her husband that he can live their until his death at which time he passes the children get the house.  Either way is smart but the husband will possibly have to agree to both.  An estate attorney would be the wisest choice to contact.

Answer 2

I think you need to discuss with an attorney.  Perhaps have a post-nuptial agreement done up.  Maybe her new husband has assets he wants to protect for his children too.  Makes sense for both sides involved to do this now when they are still living instead of waiting til one dies and having a big war then.

Answer 3

Presuming that your mothers new spouse outlives her he is now next of kin. Does your mother want to sell her house? Your mother should ensure her estate is shared according to her wishes now, instead of leaving her children to deal with it when she is gone

Answer 4

So, why shouldn't the house go to the new husband? Is he not treating your mom good?  Is he not contributing to living expenses with your mom?  There's more to this then what we're being told but what I see are three greedy children who can't wait to get their hands on their mothers estate!  As long as she's happy, let her do what she see fit.  If he's making your mom happy right now that's all that matters!

Answer 5

whats with all this pre nup.

if your moms husband is sincere and really loves her then her kids will be his kids too!

if she dies, then for sure he wont take her money or properties away from her kids because its his kids too!

well that is if he is sincere,.

I just got married without pre-nup and my husband inherited money from his past dad. ANd his family freaks out that I might get his money! Gee, Im young and strong! I can make my own money. I'd rather work 24/7 than to ask money from anyone!