If my father is still married but has been separated from his wife for many years, do I have any rights as his child when he dies?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my father is still married but has been separated from his wife for many years, do I have any rights as his child when he dies?

Meaning over his personnel things where to bury him, etc. I mean it’s like she will not divorce him. This has been in the courts for years. He is now 71 years old and she is 55. I just don’t understand why she wants to keep this tied up in the courts? He don’t work anymore. He has health problems.

Asked on September 22, 2012 under Estate Planning, Illinois

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 9 years ago | Contributor

Your father should consult a lawyer in the state where he lives.  It does not have to be expensive to title his assets, name beneficiaries, and prepare a simple will to minimize interference from his estranged wife.  Many states, like Florida, give spouses an absolute right to inherit some portion of their spouse's estate.  However, there are some things that can be done for your father to dispose of his assets as he wishes.  I encourage you to help him consult with a lawyer.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption