Do I have any rights if I was separated from my husband at the time he passed away? 9 Answers as of October 21, 2011

Surprisingly, yes. If you were still technically married and he died intestate (without a will) you would be entitled to his entire estate. Even if he had a will, there is a provision in the law that lets you take an "elective share" of the estate (usually amounts to about half the estate, give or take). Of course, anyone in his life before he died may have a good argument to take you to court to fight it.

In Florida, if you were separated, but no divorced, from your spouse at the time he died, you would be entitled to a portion of the estate as if you were still married. If you were joint with him on any assets, those assets would most likely pass directly to you. If you were not joint, then you would need to know if he had a Will or not. This is a situation which should be reviewed with a probate attorney to ensure that your rights are preserved.

If you remained legally married, you may have the statutory rights of a spouse. This is a situation you really should have an attorney investigate for you. The size and circumstances of the estate may well dictate whether you choose to take action.

The best that can be said in answer to your question is that you may have some rights. It is possible that you could have been divorced and you might be unaware of it. Notice requirements could have been satisfied by publication. However, it is also possible that he did not pursue a divorce. If he owned assets in his own name at the time of his death, even if he left a will excluding you (his spouse), if you remain his spouse, a spouse has a statutory right to elect against the terms of a will. Before getting into an explanation of that, you need to verify that he had property at his death that he owned in his sole name and that you remained his legal spouse at the time of his death. You will need the assistance of an attorney in such circumstances.

If you were not divorced or legally separated at the time of his death, the fact that you were physically separated might not affect your rights as his surviving spouse. I recommend you speak with a probate attorney to determine where you stand.

If you were not legally divorced, you have the rights of a surviving spouse.

This is possible. You should call a lawyer asap.

I am assuming that you are in Oregon and that Oregon law applies, that you are not a co-executor of the estate and your only status in the case is as a beneficiary of the estate. In general, the answer is "yes, you do have rights." He may not have had any property at his death or he may have tied it all up in trusts; but, you do have rights and should find out what the situation is. Do not wait. If you do nothing, your rights will expire.

Maybe. It depends upon what state you were separated in, what agreements were signed if any, etc.