Is there any way you could cite the 50/50 law the attorney is mentioning?
My bet is that he is looking at the intestacy statutes that say 50/50 rather than the spousal election against the will statutes that apply now since there is a will. It is a shame if he has been giving people incorrect information all these years..Old timers sometimes get stuck in their ways and don't stay up to date..
This is the spousal election statute:
.PA Code Title 20, Chapter 22
§ 2203. Right of election; resident decedent.
(a) Property subject to election.--Except as provided in subsection (c), when a married person domiciled in this Commonwealth dies, his surviving spouse has a right to an elective share of one-third of the following property:
(1) Property passing from the decedent by will or intestacy.
(2) Income or use for the remaining life of the spouse of property conveyed by the decedent during the marriage to the extent that the decedent at the time of his death had the use of the property or an interest in or power to withdraw the income thereof.
(3) Property conveyed by the decedent during his lifetime to the extent that the decedent at the time of his death had a power to revoke the conveyance or to consume, invade or dispose of the principal for his own benefit.
(4) Property conveyed by the decedent during the marriage to himself and another or others with right of survivorship to the extent of any interest in the property that the decedent had the power at the time of his death unilaterally to convey absolutely or in fee.
(5) Survivorship rights conveyed to a beneficiary of an annuity contract to the extent it was purchased by the decedent during the marriage and the decedent was receiving annuity payments therefrom at the time of his death.
(6) Property conveyed by the decedent during the marriage and within one year of his death to the extent that the aggregate amount so conveyed to each donee exceeds $3,000, valued at the time of conveyance.
At this point, even though you are not executrix, the named executor/trix still has to follow the law with regard to distributions. I would suggest Googling the above statute, printing it out and giving copies to both the other attorney, your attorney and the stepmother. This should ensure that you receive the full 2/3 that you are entitled to.