If I Was Legally Married to the Decedent at the Time of his Death, but we were Separated, do I Still Inherit as a Surviving Spouse?

West Palm Beach probate lawyers know that, in Florida, surviving spouses have inheritance rights. This is probably the case in most states. But do surviving spouses still have the same rights if they are separated from the decedent at the time of his or her death? A June 12,2018 Forbes article, regarding the recent deaths of Kate Spade and Anthony Bourdain, discusses this issue.  Both Spade and Bourdain were separated from , but still legally married to, their spouses at the time of their deaths.  What will Spade and Bourdain’s spouses inherit?  The article explains, and probate lawyers know,  that separation is not that same as getting divorced. Only a final divorce decree fully terminates spousal rights. To read the article in its entirety, click here. If you are a surviving spouse in Florida, and would like to interview an inheritance lawyer, please call us directly at (561)514-0900 Ext.101.