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Yes. The couple is still legally married and therefore, the surviving spouse has all the rights conferred on a surviving spouse under state laws of intestacy. You can check the laws in your state at the related question link below.

Couples who separate permanently and who fail to obtain a legal dissolution of the marriage don't realize that by not obtaining a divorce their spouse will inherit some or all of their estate when they die even if there is a will leaving the property to another beneficiary mentioned in the will.

In most states in the United States a person cannot disinherit their spouse. The spouse has the "right of election" and can file a claim for an intestate share of the estate. If a couple intends to stay apart they should take the necessary action to legally dissolve the marriage.

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13y ago
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13y ago

Yes. The couple is still legally married and therefore, the surviving spouse has all the rights conferred on a surviving spouse under state laws of intestacy. You can check the laws in your state at the related question link below.

Couples who separate permanently and who fail to obtain a legal dissolution of the marriage don't realize that by not obtaining a divorce their spouse will inherit some or all of their estate when they die even if there is a will leaving the property to another beneficiary mentioned in the will.

In most states in the United States a person cannot disinherit their spouse. The spouse has the "right of election" and can file a claim for an intestate share of the estate. If a couple intends to stay apart they should take the necessary action to legally dissolve the marriage.

Yes. The couple is still legally married and therefore, the surviving spouse has all the rights conferred on a surviving spouse under state laws of intestacy. You can check the laws in your state at the related question link below.

Couples who separate permanently and who fail to obtain a legal dissolution of the marriage don't realize that by not obtaining a divorce their spouse will inherit some or all of their estate when they die even if there is a will leaving the property to another beneficiary mentioned in the will.

In most states in the United States a person cannot disinherit their spouse. The spouse has the "right of election" and can file a claim for an intestate share of the estate. If a couple intends to stay apart they should take the necessary action to legally dissolve the marriage.

Yes. The couple is still legally married and therefore, the surviving spouse has all the rights conferred on a surviving spouse under state laws of intestacy. You can check the laws in your state at the related question link below.

Couples who separate permanently and who fail to obtain a legal dissolution of the marriage don't realize that by not obtaining a divorce their spouse will inherit some or all of their estate when they die even if there is a will leaving the property to another beneficiary mentioned in the will.

In most states in the United States a person cannot disinherit their spouse. The spouse has the "right of election" and can file a claim for an intestate share of the estate. If a couple intends to stay apart they should take the necessary action to legally dissolve the marriage.

Yes. The couple is still legally married and therefore, the surviving spouse has all the rights conferred on a surviving spouse under state laws of intestacy. You can check the laws in your state at the related question link below.

Couples who separate permanently and who fail to obtain a legal dissolution of the marriage don't realize that by not obtaining a divorce their spouse will inherit some or all of their estate when they die even if there is a will leaving the property to another beneficiary mentioned in the will.

In most states in the United States a person cannot disinherit their spouse. The spouse has the "right of election" and can file a claim for an intestate share of the estate. If a couple intends to stay apart they should take the necessary action to legally dissolve the marriage.

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14y ago

No, the person would need to obtain a legal dissolution of the previous marriage. Separation legal or otherwise does not constitute the legal ending of a marriage.

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