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