If I was married for 5 years but was separated for 10 months when my husband died, what are my rights to his estate?

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If I was married for 5 years but was separated for 10 months when my husband died, what are my rights to his estate?

We had a loan for some property and van he owned the property before we were married but the van after we were married. Do I have rights to the van? We were not legally separated or divorced.

Asked on September 26, 2014 under Estate Planning, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you were legally married at the time of his death then the generally rule sis that you would inherit under the intestacy statute.  If you had no children and he had no parents then you would inherit everything.  If his parents are alive then you inherit your community property and his parents would inherit his separate property.  But how his property will be designated is the key.  Please seek legal help. 


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