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Your husband filed for divorce and you relinquish your financial rights in the separation agreement you did not divorce can you have any rights if he died and excluded you from inheritance in his will?
Marwamadi
If the Separation Agreement was executed as part of the divorce proceedings then it's moot. The divorce did not take place. You are still married. As long as you're married your husband cannot disinherit you by his will. In almost every state in the US a surviving spouse has a statutory right to a portion of the decedent's estate. You don't need to "contest" the will but only need to file a claim against the estate as the surviving spouse. However, a claim against an estate must be made in a timely manner.
You should consult with an attorney who can review your situation, review your agreement and explain your options under your state law.
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∙ 14y ago
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