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Yes. The surviving spouse will inherit all or part of the estate under the state laws of intestacy. A legal separation has no effect on inheritance of the surviving spouse. Even if the decedent left a will naming a different beneficiary, the surviving spouse has a right of election. You can check the laws of intestacy in your state at the related question link provided below.

If you are the surviving spouse you should consult an attorney who can review your situation and explain your rights and options under your state law.

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13y ago
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Wiki User

17y ago

The estate is responsible for the debts, not the spouse.

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Wiki User

13y ago

Being separated doesn't mean anything. You're still married, so rules pertaining to married couples would still apply.

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Anonymous

Lvl 1
3y ago

I don't think so what if there are new assets with a new mistre

ss

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Q: If a spouse dies and you are legally separated over a year but still legally married does the surviving spouse receive an inheritance?
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