If a person dies while estranged from their spouse, who inherits?

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If a person dies while estranged from their spouse, who inherits?

A woman died suddenly and still married to her husband, although they have not lived together in 3 years. They were each living with other people. There are children involved.

Asked on December 26, 2016 under Estate Planning, Missouri

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

In most states, so long as a person is still legally married to thier spouse, then they still maintain their right to inherit from them. This is true whether or not they were estranged (i.e. separated). Just how much they stand inherit depends on whether or not the deceased spouse had a Will and whether any children from thier marriage or prevoius relationships were involved, etc. For more state specific information you can contact the county probate court or consult directly with a local probate attorney.


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