Full question:
My husband and I have been legally separated for three years. What happens if he were to die? Am I still considered his wife or does his estate go to his daughter?
- Category: Divorce
- Subcategory: Separation Agreements
- Date:
- State: Pennsylvania
Answer:
In Pennsylvania, being "legally separated" does not change your marital status; you are still considered married. If your husband dies without a will, the distribution of his estate depends on the surviving relatives:
- If there are no surviving children, grandchildren, or parents, you, as the surviving spouse, receive the entire estate.
- If there are surviving children or grandchildren (who are also your children), you receive the first $30,000 of the estate plus half of the remaining balance.
- If there are children or grandchildren who are not yours, you receive half of the entire estate.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.