If you have been separated for 35 years, are you intitled to half of you spouses inheritance?
1 Answer from Attorneys
If you're still married and have no will, your spouse will be entitled to receive the first $15,000 and half of the remainder if you have surviving children parents, or your entire estate if not. Even if there is a will, however, your spouse is still entitled to set aside the will and claim an elective share - one third if you have children and one-half if you don't.
Hopefully you separated with a good separation agreement in place which addresses the issue. If not, now would be a good time to either execute one, or better yet get the divorce.