I have lived with someone for 15 years who is married to someone else. He has a legal separation. If he should pass away what happens to his assets?

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I have lived with someone for 15 years who is married to someone else. He has a legal separation. If he should pass away what happens to his assets?

What happens to boyfriends assets if he
passes away?

Asked on June 29, 2018 under Estate Planning, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Separated or not, they are still married. Anything owned solely by him goes to her, not you: you have no legal standing to inherit unless you are named in a will. If he leaves things to you in his will, you will inherit much of what he leaves you; most states prevent disinheriting a spouse entirely, and so she will typically get around 1/3 of his assets.
Anything owned solely by you remains yours.
Anything owned/titled by or to both of you is something you will get either 50% or 100%  of, depending on the asset and how it was owned.


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