Legal Question in Wills and Trusts in Pennsylvania

if a coule is seperated is one entitled to property if other dies before divorce

If a couple is seperated and have filed to start divorce procedures, if one spouse dies is the other entitled to any belongs that were left? There was no will provided and when the spouse left she took everything that she wanted from the property. Now we are being sued for household items that were left. Also if she is able to have these items, does that also mean she should then have to pay for the funeral since she contributed nothing to that expense.


Asked on 12/04/01, 7:30 pm

1 Answer from Attorneys

Brandon Barnett Brandon J. Barnett Attorney At Law

Re: if a coule is seperated is one entitled to property if other dies before div

If a person dies intestate (without a will) the state law takes precedence and and the spouse is entitled to a specific share of the estate because she was the spouse.

She is not obligated to pay any expenses but the expenses should be taken from the estate as a whole and should be shared by all of the potential heirs.

Even without a will I would suggest the heirs contact an attorney.

412-916-1677 in the Pittsburgh area.

Brandon Barnett, Esq.

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Answered on 12/04/01, 11:12 pm


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