Separate Property
Learn how separate property works in estate planning. Understand ownership rights, inheritance rules, and how to protect individual assets from marital prope...
Can my spouse inherit my separate property if I die without a will?
When you die without a will, your separate property doesn't automatically go to your spouse in most states. Instead, it typically gets divided between your spouse and children according to state intestacy laws. For example, your spouse might receive one-third while your children split the remaining two-thirds. This is why creating a will or trust is important if you want your spouse to inherit all your separate property, especially assets like family heirlooms or property you owned before marriage.
