If my late mother was married but had been separated for 15 years prior to her death, does her husband have any inheritance rights?

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If my late mother was married but had been separated for 15 years prior to her death, does her husband have any inheritance rights?

After the seperation she purchased property. She passed away 2 months ago but had no Will. Does her husband have any right to the property since he have not resided with her in 15 years or does the property go to the surviving children?

Asked on November 4, 2014 under Estate Planning, Texas

Answers:

Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

Laws of intestacy vary by state, but generally the rights of a spouse to inherit are not affected by separation.  So your mother's husband should still inherit from her.  If the children are not the children of the husband, they may be entitled to inherit a portion of the estate as well, again depending on the law of the state you are in.


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