I left my husband last year. Can I claim a share in his estate after his death?
Full Question:
My husband never wanted to have kids but I wanted a family and have kids. Therefore, I left my husband last year and moved into another house in the same city (Charlottesville, Virginia). I never filed for divorce as I thought he might change his mind some day and we could reunite. We never met or spoke to each other in this time period. Few days back I got to know that he died due to some illness. Can I claim my share in my husband’s estate?
02/08/2017 |
Category: Wills and Es... » Spouses |
State: Virginia |
#31756
Answer:
Va. Code Ann. § 64.2-308 reads:
“A. If a spouse willfully deserts or abandons the other spouse and such desertion or abandonment continues until the death of the other spouse, the party who deserted the deceased spouse shall be barred of all interest in the decedent's estate by intestate succession, elective share, exempt property, family allowance, and homestead allowance.
Thus, if you have left your husband and such abandonment or desertion continued until his death, then you may not be able to claim any share in your deceased husband’s estate.