Inheritance Rights After Separation

Ask Your Question For Free

Summary

In West Virginia, a separated spouse can claim an elective share of the deceaseds estate. Jointly owned property with rights of survivorship typically passes to the surviving owner. Business accounts may be more complex. Consult a local attorney for specific advice.

Full Conversation

My Grandfather passed away. Well he had a girlfriend and a wive. Him and the wife have been separated for 35 years. Him and the girlfriend have been together them 35 years. He never divorced. Him and girlfriend had aquired property and other assets during those 35 years. Well when he died the wife is trying to take money from the girlfriend. That the girlfriend and grandpa acquired together..Can the wife do that
Hello ****, I'm sorry for your loss. The legal situation you're facing is complex. To better guide you, it would be helpful to know in which country or state this is taking place as inheritance laws vary greatly by location.
West Virginia USA
In West Virginia, USA, the laws state:
- If a person dies while married, their spouse is generally entitled to an "elective share" of their estate, even if they were separated.
- However, if your grandfather and his girlfriend jointly owned property, it may be protected depending on how the ownership was structured.
You should seek advice from a local attorney.
Well what about a bank account that grandpa and girlfriend had in business together
In West Virginia, if the bank account was a joint account with rights of survivorship, then the funds typically pass to the surviving owner. However, if it was a business account, it might be more complex. You should consult a local attorney for specific advice.