Legal Question in Family Law in New York

Legal separation vs. divorce

My widowed father re-married at the age of 74. The marriage lasted only four months - he and his wife were legally separated. If he should pre-decease his ''wife'', could she reasonably make a claim for his estate? In other words: is a legal separation as good as a divorce in this case?


Asked on 4/15/02, 2:49 pm

1 Answer from Attorneys
Jean Mahserjian Jean M. Mahserjian, Esq., PC

Re: Legal separation vs. divorce

If your father is legally separated in NY, the would require that he have signed a separation agreement. Separation agreements usually contain a provision waiving estate rights. You should check to make sure that his agreement contained that provision.

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Answered on 4/16/02, 8:17 am


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