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My mate has been estranged from his wife for 13 years. They

 
N Cal Attorney's Avatar
  • Answered by:N Cal Attorney
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Customer Question

My mate has been estranged from his wife for 13 years. They had a financial settlement drawn up that he honored financially. He had a will drawn up making me power of attorney and leaving me all possessions including the house. He has two adult children. What rights,if any, does the wife have, in the event of his death?

Submitted: 272 days and 10 hours ago.
Category: Estate Law
Value: $25
Status: CLOSED
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Expert:  N Cal Attorney replied 272 days and 10 hours ago.

I have to ask which State or territory you live in, and whether your mate ever got divorced from his wife.

Customer replied 272 days and 10 hours ago.

They did not divorce. Both live in Indiana.

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Expert:  N Cal Attorney replied 272 days and 10 hours ago.

If he dies without getting divorced, his wife would have the right to take against the Will, and it looks like she would take 1/2 or 1/3 of the estate, depending on whether or not she is the mother of his children, see IC 29-1-3-1 posted at
http://www.in.gov/legislative/ic/2010/title29/ar1/ch3.html

He can get a free consultation from some of the divorce lawyers listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/Divorce/Indiana

I hope this information is helpful.

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Expert:  N Cal Attorney replied 268 days and 11 hours ago.

Please explain what else you need to know about this.

It is not fair to say I gave you bad service when I gave a correct answer that you did not want. But I do not make the laws. As long as they are legally married, she will have the right to inherit no matter how long they have been estranged.

 
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