What happens to marital assets if one spouse dies?

[Stillbreathing]

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?

 

[denbigh]

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.

 

[Rioe]

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.