Legal Separation when someone dies

[jashrema1]

What is the name of your state (only U.S. law)? ohio
I have a legal separation agreement. We went that way because of health insurance, but we did split property. My husband has just died. We did not divorce. Am I entitled to SS death benefit? SS check (we've been married 17 years) I know in Ohio, a spouse cannot be disinherited, but am I still considered a spouse? Is the legal separation still in effect even tho he is dead?

 

[Ohiogal]

What is the name of your state (only U.S. law)? ohio
I have a legal separation agreement. We went that way because of health insurance, but we did split property. My husband has just died. We did not divorce. Am I entitled to SS death benefit? SS check (we've been married 17 years) I know in Ohio, a spouse cannot be disinherited, but am I still considered a spouse? Is the legal separation still in effect even tho he is dead?

You are still his spouse per Ohio law. Did the legal separation address heirs and estates? (If not the attorney screwed up.) you still abide by the legal separation agreement when it comes to property.

 

[jashrema1]

Yes the agreement split up property, he got a house, i got a house. But since I am still his spouse even tho legally separated, does this mean I receive a portion of the remaining estate (cars, motor homes, cash,) based on Ohio law disallowing disinheritance of a spouse?

 

[Ohiogal]

Yes the agreement split up property, he got a house, i got a house. But since I am still his spouse even tho legally separated, does this mean I receive a portion of the remaining estate (cars, motor homes, cash,) based on Ohio law disallowing disinheritance of a spouse?

NO. Let me be MORE clear -- what does the separation agreement state regarding heirs and estates? The separation agreement probably DISINHERITED YOU BY COURT ORDER which means YOU VOLUNTARILY GAVE UP YOUR RIGHTS TO INHERIT. So dig out the separation agreement that was COURT ORDERED and read it.

 

[mistoffolees]

NO. Let me be MORE clear -- what does the separation agreement state regarding heirs and estates? The separation agreement probably DISINHERITED YOU BY COURT ORDER which means YOU VOLUNTARILY GAVE UP YOUR RIGHTS TO INHERIT. So dig out the separation agreement that was COURT ORDERED and read it.

OP needs to see an attorney. Even if she understands everything you've listed, there may be other problems. For example, they each got a house. If both names were on both mortgages, she's going to be liable for two mortages - unless they refinanced the mortage to take her name off. As long as she didn't do something foolish and sign a quit claim deed, the problem can be resolved, but it will be much easier with an attorney.

 

[Ohiogal]

OP needs to see an attorney. Even if she understands everything you've listed, there may be other problems. For example, they each got a house. If both names were on both mortgages, she's going to be liable for two mortages - unless they refinanced the mortage to take her name off. As long as she didn't do something foolish and sign a quit claim deed, the problem can be resolved, but it will be much easier with an attorney.

Good point. But she doesn't get to inherit if there are clauses not allowing for it.

 

[jashrema]

legally separated at death

Hoping for an updated answer on the question posed..

Yes, the separation agreement disinherited me. When the judge signed it, he told my attorney that if this ever went to divorce, he would make sure that I got a "fair" settlement, as the sep. agreement gave me nothing.

My husband filed the separation agreement after his only child died by choking to death on food. She wasn't found for 3 days. To put it bluntly, he was so griefstricken, he was out of his mind. He cut himself off from everyone, including me. I signed agreement as it was to let him do whatever he needed to do. We never split up tho. We were still husband and wife, travelling together, being intimate, talking everyday, etc. This was NOT my husbands intent..to leave me with nothing, which many of our friends will attest to as he spoke often about how his estate was to be handled. My husband had one living child, executor, that does not want me to inherit anything.

You say that if I signed away my rights on the separation agreement, then I signed them away for inheritance. My question would be if I could file to get the separation agreement thrown out, then would that make a difference?

I am truly bereft that my husband is gone. He would be rolling over in his grave if he knew that he didn't "take care of me" after his death as it was not his intent..

thank you.

 

[LdiJ]

Hoping for an updated answer on the question posed..

Yes, the separation agreement disinherited me. When the judge signed it, he told my attorney that if this ever went to divorce, he would make sure that I got a "fair" settlement, as the sep. agreement gave me nothing.

My husband filed the separation agreement after his only child died by choking to death on food. She wasn't found for 3 days. To put it bluntly, he was so griefstricken, he was out of his mind. He cut himself off from everyone, including me. I signed agreement as it was to let him do whatever he needed to do. We never split up tho. We were still husband and wife, travelling together, being intimate, talking everyday, etc. This was NOT my husbands intent..to leave me with nothing, which many of our friends will attest to as he spoke often about how his estate was to be handled. My husband had one living child, executor, that does not want me to inherit anything.

You say that if I signed away my rights on the separation agreement, then I signed them away for inheritance. My question would be if I could file to get the separation agreement thrown out, then would that make a difference?

I am truly bereft that my husband is gone. He would be rolling over in his grave if he knew that he didn't "take care of me" after his death as it was not his intent..

thank you.

You really need the advice of an attorney. Your situation is too complicated for an internet message forum.

However, I will tell you, that based on your 17 years of marriage, you will be able to collect social security benefits, at retirement, using his earnings record if that would produce a better result than your own.