Long-Term Seperation?

[Nick1918]

What is the name of your state? New York

I have been seperated for over 20 years and have not spoken to my ex since. We never got a divorce or anything legal or on paper for that matter. We have no joint accounts or property together.

As I'm retiring and preparing my legal issues, my question is does she have any right to any of my assets I've built up over the years such as property, 401k etc.? I am wondering because I want to leave this stuff to our kids, who she also hasn't seen for 20+ years, without there being any legal complications for them upon my death. At the time of the seperation I left her with all the assets we had accumulated up to that point but I am not seeking any of those.

Thanks for the help

 

[bulldogg70]

What is the name of your state? New York

I have been seperated for over 20 years and have not spoken to my ex since. We never got a divorce or anything legal or on paper for that matter. We have no joint accounts or property together.

As I'm retiring and preparing my legal issues, my question is does she have any right to any of my assets I've built up over the years such as property, 401k etc.? I am wondering because I want to leave this stuff to our kids, who she also hasn't seen for 20+ years, without there being any legal complications for them upon my death. At the time of the seperation I left her with all the assets we had accumulated up to that point but I am not seeking any of those.

Thanks for the help

There could be some legal issues here, the greatest I can think of, but I do not know NY law, is right to survivorship, which would go to the wife first, or at least a portion of what your state law allows. I would say you two need to get a divorce because this could cause problems and get expensive in probate.

 

[LdiJ]

There could be some legal issues here, the greatest I can think of, but I do not know NY law, is right to survivorship, which would go to the wife first, or at least a portion of what your state law allows. I would say you two need to get a divorce because this could cause problems and get expensive in probate.

I agree...the cleanest and most logical thing is to get a divorce. If you don't know where she is she can be served via publication.