QUESTION
When a spouse dies, can the other spouce claim inheriting rights as a husband even thought seperated for more than 30 years.
Asked on Dec 07th, 2012 on Trusts and Estates - Pennsylvania
More details to this question:
if two people are still married but separated for many ears and one spouse dies, can the other spouse claim inheritance. My aunt in Pennsylvania is dying of cancer. She wants to leave her home to her four children. She is still friendly enough with her husband that he visits sometimes. But they both maintain their own homes without help from each other. Can he make a claim on her home when she dies.
1 ANSWER
Yes. Even if she has a will that disinherits him, he can still make a claim for his "elective share", which is 1/3 of the decedent's estate. In order to prevent such a thing, she would have to divorce him.
Answered on Dec 08th, 2012 at 12:05 PM