Is my estranged spouse entitled to my estate?
Yes
While you and your spouse might be estranged, you are still legally married. If you do not have a Will, your estate will be controlled by intestate laws, which in Georgia means that your estranged spouse could receive 1/3 of your assets. Additionally, any life insurance policies, retirement accounts (401(k), IRA, ROTH), that name that estranged spouse as a beneficiary will go to them, regardless of marital status.
No
Any assets in a revocable trust, will, or that have a beneficiary designation to someone else will not go to your estranged spouse. Your Trust and Will must contain specific language that states what happens if you have filed a legal separation or pending divorce proceeding.
Maybe
If you Will does not state you are intending to be divorced or you have not filed a legal separation, the probate court will likely hold your estranged spouse is still entitled to your assets.
If you are estranged from your spouse, the best course of action is to update your Will and beneficiary designations as soon as possible. A legal separation will manage assets that are held jointly or that you cannot re-direct ownership of until the final divorce proceeding. Having a Will that states you are legally married to your estranged spouse but intending on divorcing helps protect any additional assets. Beneficiary designations are contracts between a company and the beneficiary, so you should always be sure the people named are the ones you truly intend to receive the money.
Contact a Georgia Estate Planning Attorney
If you need to amend an estate plan or create an estate plan, contact our Georgia estate planning attorneys at Grissom Law, LLC for a consultation.
Disclaimer
This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide legal advice. By using this blog site you understand that there is no attorney-client relationship between you and Grissom Law, LLC.