QUESTION

Does a wife still entitled to all husband’s worldly possessions if they are legally separated?

Asked on Sep 20th, 2016 on Divorce - California
More details to this question:
A wife files legal separation from husband then husband dies. Husband has custody of children.
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1 ANSWER

Business Litigation Attorney serving Los Angeles, CA at Gerard A. Fierro & Associates
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If the couple is still husband and wife at the time of death, then the surviving spouse has his or her inheritance rights. A Will would still be probated and the surviving spousal would have to determine what the spousal rights to the estate would be. If there is no Will, then the surviving spouse is entitled to a share by the laws of intestate succession. The share depends on whether there are children, and how many.
Answered on Oct 12th, 2016 at 6:11 PM

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