0
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.
What else can I help you with?
Is Lil Wayne still legally married?
yes he is still legally married but is legally separated
Can you remarry if legally separated in Arizona?
No you can not go and get remarried in the state of Arizona, if legally separated , you must remember you have to legally divorced to get married anywhere.
How does legally separated differ tax wise than being divorced?
If you are legally separated you are still legally married.
You were married then separated for 33 years. Are you still legally married?
Yes, you are still married.
Is Patrick mouratoglou married?
Yes. I think he is separated but still legally married.
In Florida if not legally married at death what estate benefits change for survivor?
If not legally married you have no rights or benefits of inheritance unless the decedent named you in their will.
How long can you be legally separated?
There is no time limit. However, you are legally married until you obtain a legal divorce.
When surviving parent is declared incompetent and there is no will left by deceased parent does it go to state or to children?
The legal phrase for this situation is dying "intestate," and the laws of that particular state will have to be followed. Whether the surviving spouse is "incompetent" or not, is probably immaterial. If they were still legally married, or this is a 'community property' state, or they owned property and assets as a married couple (known by a variety of legal descriptions in various states) then the surviving spouse would probably inherit before the children did. If LEGALLY declared incompetent the probate court would probably appoint a 'trustee' to administer the surviving spouse's inheritance.
Are you the surviving spouse even if you were not cohabiting with your spouse at the time of death?
IF you were legally married then you are the surviving spouse whether or not you had lived together at the time of his death
If you are separated are still considered a spouse?
You are the "spouse" until you are no longer legally married.
Can a US citizen get re-married in the US if they are presently legally separated in Canada?
no
You are in the army and are legally separated in Texas your Fiance is pregnant and you are leaving soon for Iraq and you want her and the baby to be able to get on Tricare can ya'll get married?
If you are legally separated, you must already be married. Either way, the military doesn't recognise "seperations", you are either married or you aren't.
