If you are legally separated from your spouse, are you entitled to inherit from his/her estate under intestate succession (laws applying to the estates of those who die without a will or trust)?

Case Example
In a recent case, a couple was legally separated when the husband died without a will five months after the judgment. After her husband's death, the wife attempted to claim a portion of her husband's estate.

The court denied the claim on the grounds that the decedent's wife was not a surviving spouse and not entitled to an intestate share of the estate because there was a judgment of legal separation in effect. A court of appeal upheld the trial court's decision, concluding that the judgment of legal separation "terminate(d) all marital property rights."

The Judgment Difference
In some states, if you have a judgment of legal separation and your spouse dies, unless he/she has a will specifically naming you a beneficiary, you may not be entitled to inherit from the estate. This may be a concern worth addressing during proceedings for your legal separation.