My gf's husband just passed away friday... they have been legally separated for over 10 years. There are children (adults) he has from a previous marriage and a daughter with my gf. (20 years old)... There is no will no insurance.. the question is who has the rights and responsibility to get things done. Do the olders children have the power or is it the wife (my friend) though they have been legally separated?
Your gf should consult a probate lawyer asap. In my state and others a surviving spouse has rights in the deceased spouse's estate even though they had been separated so long as they were still married at the time of death. In an intestate estate [no will] children will also have rights. The lawyer will help the family sort it out.
These comments do not constitute legal advice. They are general comments on the circumstances presented, and may not be applicable to your situation. For legal advice on which you may rely consult your own lawyer.
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