If a person is married but separated, what are the rights of her family?

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If a person is married but separated, what are the rights of her family?

My sister died on Monday. She was married but separated. Am I entitled to anything?

Asked on May 30, 2019 under Estate Planning, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Since you did not mention a Will, I am assuming that your sister died "intestate", which means that she had no Will. Accordingly, unless your sister was divorced, and not just separated, her husband is still her legal heir (as well as her children, if any). Accordingly and unfortunately, he is entitled to her estate.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Since you did not mention a Will, I am assuming that your sister died "intestate", which means that she had no Will. Accordingly, unless your sister was divorced, and not just separated, her husband is still her legal heir (as well as her children, if any). Accordingly and unfortunately, he is entitled to her estate. 


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