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Does a wife deserting for 4 years mean loss of her rights to inheritance of her deceased husband's property ?

Update:

..or more years

Update 2:

His will, written while in hospital, omitted the wife and distributed all to his adult children

19 Answers

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  • 1 decade ago
    Favorite Answer

    She left without trace for 4 or more years.... and then he passed away?

    She shouldn't be granted it since she abandoned her husband. It should go to any children, or other immediate family.

    Of course, I'm no lawyer... that is just personal opinion. Contact a lawyer to find out what the laws are.

  • 1 decade ago

    Kids or no kids it belongs to the wife. Lots of people stay married for that reason when they are no longer together. My best friends dad has not been with his wife for 10 years but continues to pay life insurance so when she is passed the policy is good. Sick I know but that is the way it works. As long as you are married on paper, you inherit everything from your deceased spouse.

  • ?
    Lv 4
    5 years ago

    To my awareness in coping with homes for the previous 2 a protracted time, spouse & toddlers prepare inherit merely equivalent proportion. for example 4 toddlers, spouse and little ones could have a million/5th proportion each. If the step mom is married by capacity of the deceased merely after the demise of first spouse, then even after few seconds of marriage she inherits equivalent proportion. If the 2nd spouse is married by capacity of the guy mutually as the 1st spouse is alive and no divorce is gained, the 2nd spouse and their toddlers our of 2nd spouse are illegitimate and that they won't be able to declare any proportion on the wealth of deceased. yet this rule got here into tension on 1st Nov 1956 and so the marriages and little ones out of 2nd spouse if marriage got here approximately beforehand of that isn't impact the inheritance rights!

  • 1 decade ago

    No, I would not think so, best to bring this up with an attorney, but if everything is legalized and carved in stone, then she still has every right of her deceased husband's property.

    Even if she was a deserter.

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  • 1 decade ago

    If the will, regardless of where or when it was written, is a valid legal, will then the husband is fully within his rights to disinherit his estranged wife. That being said, unless he changed the beneficiary designations on his life insurance, pension, IRA, 401(k), etc. from his wife to another person(s), then they are automatically payable to his wife, will or not.

  • Anonymous
    1 decade ago

    Nope. My aunt passed away and had been separated from all communications with her husband for 12 years, he came and was able to get all of her life insurance and he could have been a real jerk and not let us have a funeral for her with some of the money. If they are not legally divorced she still has all the same rights she did when they were together.

  • 1 decade ago

    It depends if he has divorced her after declaring her a deserter. I think this can be done after 3-5 years depending on the state and if she is declared a deserter he can divorce her and then she has no right to his property when he dies. You would want to look up the legality within your own state. Good luck!

  • Anonymous
    1 decade ago

    You have to find out what the legal description of "Abandonment" is in the state where the husband resides. Some have guidelines to this and is best to contact an estate attorney to get your answers.

  • 1 decade ago

    Personally, I hope his family will fight her on it. That's a real lowlife to disappear for 4 years and then show up to collect. I'm assuming that someone else took care of the man before he died and attended to his needs. She might find out she is already an ex-wife. If she didn't show up to protect her rights, he might have already divorced her.

  • 1 decade ago

    The answer is no, she still has rights to it, especially if there was a will with her in it. If there was no will, you can dispute her claim, but you have to get a lawyer and take her to court.

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