QUESTION

what if you are married your spouse dies before the divorce but have been living apart for 4 years can the wife take anything of the spouse that died

Asked on Sep 26th, 2012 on Divorce - Georgia
More details to this question:
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1 ANSWER

Antonio B. Mari
This is more of a question of probate or estate administration. Your answer starts with determining if the spouse had a will or not. If they had a will, that document may make distributions that would still be valid despite the separation and may leave the surviving spouse with something or cut them out. If they did not have a will, it is possible that the surviving spouse could receive a portion of the estate under several theories of recovery. Because Georgia does not recognize the idea of legal separation, the surviving spouses rights likely remain intact. 
Answered on Oct 01st, 2012 at 10:36 AM

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