Is an estranged wife always the heir?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is an estranged wife always the heir?
The couple married 4 years ago. However, the wife left marriage and home about 15 months later. The husband died 4 months ago. Is there an argument that she should not inherit? The only asset is property
inherited from his father who dies last year. There is no Will.
Asked on April 27, 2018 under Estate Planning, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
State laws differ at what happens to an estate if a spouse dies while separated. Firsts of all, if there was a formal separation agreement in effect, it may specify what happens to the estate if one of the parties to it dies. Even if it doesn't, the fact that the spouse's were legally separated may affect the surviving spouse's inheritance rights. If there was such an agreemnt, ost states give a spouse the right to inherit as a surviving spouse, while other states don't consider a surviving spouse as a spouse if there was a legal separation agreement in effect (my research suggests that VA follows the former view). Further, if there was no legal separation agreement in effect, then in virtually all states, the surviving spouse is entitled to inherit under "intestacy" law (the law in effect when there is no Will). At this point, you should condult directly with a local probate/divorce attorney to confirm specific state law.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.