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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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14y ago

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