Home > Research Legal Advice > Probate > Is my brother's estranged wife entitled to his inheritance?
Asked 3 months ago - Miami, FL
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They were legally separated a few years back and remained separated until his death.
It was stated in the separation papers that she would not be entitled to his inheritance.
Now, after he has passed, he has become the beneficiary of an inheritance. He did not
have a will. Who is entitled to the inheritance?
Someone needs to review the paperwork in detail. It *sounds* like the spouse is not entitled to anything. So the question would be who the heirs are, since there was no Will. The Wife would not take, based on the agreement. Did your brother have children? If not, are your parents alive? If not, then the siblings would appear to be the heirs. I believe that this is a complicated enough situation that you really should invest in an hour or two of attorney time.
James Frederick
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