Does the wife of my deceased brother have any rights is they were separated for 14 years?

Full Question:

I have a power of attorney that my brother signed in 2011 when he went to jail in South Carloina He was released and kept me with the POA. He moved to Florida and has been there for the last 7 years. He past away on March 28th. I found out he was still married but they been apart for 14 years and living in different states. Do she still have more rights then my POA even tho they were not together and he did a durable POA
04/24/2017   |   Category: Wills and Estates   |   State: ALL   |   #36240

Answer:

The Power of Attorney that you held expired when he died. If he was married his spouse still has rights. There needs to be a divorce to eliminate her rights under either his Will if he had one or intestate succession laws if not.