Who is the next of kin of the deceased if spouse had been separated from him and living in different state for 15 years now?

Question

My dad died recently. He had no will. We found out that he had never gotten a divorce from his wife (not our mother), whom he had been separated from (not legally), for about 15 years. She has lived in another state since the separation. Who's entitled to his bank accounts if it wasn't a joint account and no beneficiaries are listed? She came into town suddenly to claim personal property, including $5000 cash and his vehicle. Seems unfair, but is perhaps legal right. Is this okay?

James Malinowski · Answer

I am assuming that your father resided in Michigan. Under Michigan law, the spouse and children will share the estate, however, the spouse is able to claim certain allowances which can total approx. $40,000. If your father's assets exceed that amount, the children are entitled to their 1/2 share.

James Weiner · Answer

Legally his wife may get the first $50K or so plus 1/2 of the balance of his estate. I would recommend hiring an attorney if he has significant assets to investigate.

Douglas Bryan · Answer

No, in Louisiana if someone dies without a will, his or her children inherit his property.  If he was still married, perhaps the spouse MAY have a claim to her half of any community property.  But his children are the sole heirs of his property.

Victor Waid · Answer

Suggest you obtain the services of a probate lawyer to make a claim on your father's estate, and to prevent the former wife from taking any of the assets.

Brian Haggerty · Answer

If the children are not children of this spouse, then spouse and children should be splitting all 50/50. This is going to be complicated, get a lawyer to help you with the probate of your father's estate.

Eric Smith · Answer

If your father died in Texas, his spouse gets half of that property and his children not of her issue (you) divide the other half. Chances are the bank will require at least an heirship affidavit which should reflect that.

Christine James · Answer

Technically it is her legal right if they were still married at the time of his death.  If there is any large value in his estate, see an attorney and see if you can carve out some separate property exceptions based on the separate lives, but she is legally his heir.

John Brennan · Answer

It will depend upon the probate code of the state in which he died. In Michigan you would have rights.

Jayne Sebby · Answer

Legally, she is still his spouse and according to intestacy laws, is probably entitled to most if not all of the estate.  check with a local attorney to see if you can challenge her claim in any manner such as abandonment.

James Frederick · Answer

This is a tricky situation. In most cases, if there was no divorce, she is still his wife. There is a doctrine of abandonment, under Michigan law, however. If a spouse is willingly absent from the marriage for more than one year, they can be treated as having predeceased the decedent. I would expect a fight on this, however, and you will want to retain an attorney if it gets to that point.

Richard Keyes · Answer

In Missouri, not his wife as she has abandoned him.  Here is the statute:  *Inheritance and statutory rights barred on misconduct of spouse. *  474.140. If any married person voluntarily leaves his or her spouse and goes away and continues with an adulterer or abandons his or her spouse without reasonable cause and continues to live separate and apart from his or her spouse for one whole year next preceding his or her death, or dwells with another in a state of adultery continuously, such spouse is forever barred from his or her inheritance rights, homestead allowance, exempt property or any statutory allowances from the estate of his or her spouse unless such spouse is voluntarily reconciled to him or her and resumes cohabitation with him or her.

Randall Romei · Answer

If there is no will the statute on descent and distribution controls.  The spouse receives ? of the decedent's estate, the children born to or adopted by the decedent equally divide the remaining half.  If a child predeceased the decedent then the descendants of that child equally share in the portion that would have gone to the deceased child.  Any property held in joint tenancy passes to the surviving joint tenant and is not part of the estate of the deceased.

Mark T. Peters · Answer

Generally the wife is the first in line, even if they were separated.

Dara J. Goldsmith · Answer

In Nevada, without a Will, she is his heir and is entitled to all community property, assets acquired during marriage, including the separation , plus 1/3 all separate property assets he acquired before marrying her.  If the assets total under $100,000 she is entitled to all, even if there is a Will  Sorry, your father should have made a Will for his 1/2 or gotten a divorce. She is also entitled to his social security and probably his retirement, if any.

Bernard H. Greenberg · Answer

You will need to consult with an attorney in your State who specializes in estate litigation.

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Who is the next of kin of the deceased if spouse had been separated from him and living in different state for 15 years now?

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