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What happens to marital assets if one spouse dies?

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  • What happens to marital assets if one spouse dies?

    If you are separated with not a single issue resolved with no separation agreement and no settlement agreement does the surving spouse automatically get all the marital assets including those in the other spouse’s name?

  • #2
    It depends on what your will says, and I think there are some things that automatically by law that go to the spouse, like pensions, and maybe matrimonial home. I know divorce nulls a will, but I dont think separation does. I could be wrong about all of the above.

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    • #3
      Originally posted by Stillbreathing View Post
      If you are separated with not a single issue resolved with no separation agreement and no settlement agreement does the surving spouse automatically get all the marital assets including those in the other spouse’s name?
      I think so, unless the person had a will that specified that non-joint items should go to other people. Though you can and should immediately change your beneficiary on any life insurance policy or pension benefit, etc.

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