Legal Question in Wills and Trusts in New York

Re: wills - inheritance

Yes, unless your separation agreement provides otherwise.

Re: wills - inheritance

yes, but your question is unclear. Are you asking whether the person still qualifies as a spouse? Anyone can receive a bequest.

Re: wills - inheritance

Yes, the separated spouse can potential make a claim against the other spouse's estate. However, you need to provide more details for a more accurate response. Feel free to email or call my office for a brief consultation.

Re: wills - inheritance

My answer is maybe. There are many facts missing, such as if there is a formal separation agreement and what it says on this issue (they usually say that there is no inheritance), what is the language of the Will (many people state that spouses only inherit if they are lmarried to and living with the deceased spouse when he died), what your State intestacy laws provide (if there was no Will with language covering this), etc.

Re: wills - inheritance

If you are asking whether you can collect on monies that your legally separated husband is going to collect as an inheritance from someone that died the answer is no.

All inheritances are considered separate property and not marital property whether you were married and living together or separated.