What can I do if my estranged husband recently passed without a Will.

UPDATED: Jan 20, 2014

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What can I do if my estranged husband recently passed without a Will.

We were married for 25 years but were separated the last 4 years (although we kept in contact weekly). His car was paid for upon his death, however they sent the title to his last address, which was his girlfriend’s house. She took the title and changed it to her name. She has also denied our son of any items belonging to his father (all he wanted was a hat to remember him by). Do I have any legal recourse in this matter?

Asked on January 20, 2014 under Estate Planning, Illinois


Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

If your husband died without a will, then his assets will pass according to your state's laws of intestate succession.  If you were still legally married, then you are entitled to inherit at least half of his estate, and possibly all of it.  It depends on such things as whether he had children by anyone other than you.  His girlfriend is almost certainly entitled to inherit nothing.  You need to hire a wills, trusts and estates attorney as soon as possible.

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