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[-] Another Random Question - Brad Bradbury/PA (16 replies)
8/1/2011 8:39:51 PM (3629 views)
Re: Another Random Question - William Pattison /CA
8/2/2011 4:11:33 PM (6229 views)
Re: Another Random Question - Brad Bradbury/PA
8/2/2011 8:46:42 PM (6163 views)
Re: Another Random Question - Patrick Scott/IL
8/3/2011 1:23:33 AM (6068 views)
Re: Another Random Question - Robert Franco/OH
8/3/2011 10:57:31 AM (6019 views)
Re: Another Random Question - Brad Bradbury/PA
8/3/2011 11:29:49 AM (6072 views)
Re: Another Random Question - Patrick Scott/IL
8/3/2011 12:28:11 PM (5911 views)
Re: Another Random Question - Brad Bradbury/PA
8/3/2011 12:53:09 PM (5983 views)
Re: Another Random Question - Robert Franco/OH
8/4/2011 9:46:50 AM (5944 views)

I'm still not a PA lawyer, but I don't think the designation of "marital property" has any effect on the analysis.  Marital property is a concept of domestic law and is applicable to the equitable division of property in a divorce. Since divorce is not possible after husband dies, there is no longer any marital property.

I am not aware of any law that would give heirs of a decedent the right to claim an interest in marital property a decedent may have had any rights to prior to death.   Marital property rights protect spouses, not heirs, in my opinion.

Are there any PA statutes, particularly probate or real property statutes, that refer to marital property in this context? 

Ponder these questions - could the decedent have deeded his marital property rights to his children prior to his death?  Would he have had any right to deed any interest in the wife's property to anyone prior to his death?  If not, then why would his heirs have any right in the property now?

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Re: Another Random Question - Brad Bradbury/PA
8/4/2011 10:45:20 AM (5899 views)
Re: Another Random Question - Robert Franco/OH
8/3/2011 12:46:16 PM (6020 views)
Re: Another Random Question - Constance Foye/VA
8/23/2011 12:20:28 AM (5689 views)
Re: Another Random Question - Ron McPherson/IA
8/3/2011 10:52:32 AM (5932 views)
Re: Another Random Question - Sheila Sten/PA
8/4/2011 6:47:26 PM (6039 views)
Re: Another Random Question - Cheryl Hartzman/PA
8/8/2011 3:48:13 AM (5849 views)
Re: Another Random Question - William Pattison /CA
8/8/2011 1:06:22 PM (5804 views)
Re: Another Random Question - J. Newberry, Sr./WI
8/9/2011 12:42:59 PM (5783 views)

[+] Random Question... - Branden Rodgers/OH (3 replies)
8/1/2011 4:29:33 PM (4702 views)

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7/31/2011 7:45:20 PM (3583 views)

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[+] Optional History Classes in Public Schools? - William Pattison /CA (3 replies)
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[+] Update on New Millenium Title - Leigh Attridge/MA (2 replies)
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[+] Nxt Generation Title Services - Theresa Ritz/WV (2 replies)
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[+] American Abstract - Jason Knowles/AL (5 replies)
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[+] Comment on "Foreclosure Mills Create Title Problems That Can Be Difficult To Cure or Insure" - Source of Title/OH (1 reply)
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[+] Ameristar - WAYNE QUICK/NC (4 replies)
7/25/2011 10:42:57 AM (3744 views)


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