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Canada

Check list:

  • Settlement agreement signed, then no.
  • Divorce Final, No
  • Otherwise, Maybe, ask your Lawyer

United States

You are still legally married when you are only separated.

  • You would be the surviving spouse under the law and entitled to your share of the estate under the state laws of intestacy (in every state except Louisiana) if there is no will.
  • You would be entitled to the provisions made for you in the will if the decedent left a will.
  • If the decedent tried to disinherit you by his will you can elect to take a portion of the estate under the doctrine of election in most jurisdictions.
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12y ago

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