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The issues surrounding probate are too complicated to get into here. We suggest you consult a lawyer in your state. If your husband does not have a will, he should make one. There are kits available online, or the lawyer can help. There are a variety of books available that help you understand the probate process and how to prepare for it.

So far as grieving is concerned, we suggest that you look for a support group run by an experienced grief therapist. Most hospice organizations can refer you, even if your husband did not require their services.


Please don't let other people talk you out of dealing with your grief in that fashion. Pastors, in particular, often attempt to provide grief counseling, and few are properly qualified to do so. Being told to trust in the lord is not the same thing as assistance in working through the stages of grief.

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14y ago
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15y ago

Marry your backup spouse

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Q: What should you do when the legally separated spouse dies?
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Related questions

Are you entitled to receive benefits from your spouse's pension if he dies and you are legally separated?

The length of the marriage is what usually determines if a spouse or ex spouse is entitled to any pension benefits either private, SS or RRB.


What do i do if i am Living with legally separated boyfriend who dies?

get an alibi


If a spouse is separated for over a year but still legally married spouse dies is the surviving spouse responsible for the hospital bill?

That depends a great deal on the situation. There may be an insurance clause that would apply. Typically the estate must resolve the debts first.


If a spouse dies and you are separated not legally who has the rights for her property and making funeral decisions the spouse or father of the decease?

Under U. S. law the couple was still legally married at the time of death. The surviving spouse has the right to make decisions regarding the funeral and burial. Generally, the surviving spouse also has a right to inherit property whether the decedent died with or without a Will. The amount may vary in different jurisdictions.


Can you date or live with someone while separated?

You need to consult with an attorney who specializes in family law as soon as possible. You are still legally married even if you are "legally" separated. That means if either dies the other would be their legal heir, and each has certain legal responsibilities where the other is concerned. If your marriage is over (as it would seem if your spouse is living with a new partner) you should take the necessary steps to end it legally so that you can move on with your life and find someone who wants to share their life with you.


If i am separated from my husband but not legally and he dies in California can i remarry in washington?

Once your husband dies, the marriage is no longer valid. You may marry whoever you like.


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

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.


If your husband dies will you inherit even though you have been separated not legally for nine years?

If you are separated but never took the steps to divorce, you in general would inherit all property.


What is the percentage of a spouse dying after another spouse dies?

100% everyone dies.


What is a wife right when she is separated from her husband and he dies?

If they are still married, she has the same rights as any spouse. That may include a dower right or full inheritance.


When the cosigner dies is the spouse responsible for a repossion that she did not cosign for?

The spouse is not responsible and should not have this on her credit. But the estate of the deceased will still be responsible for the debt.


can the spouse live in the home after the spouse dies under a reverse mortgage?

Yes Watson. But the real question is: can the spouse spouse the home after the reverse mortgage dies live?