Q: If my father is legally separated and has been for 6 months and he passes away who is the rightful heir of his property?
A: Legally separated is a misnomer. In NC, one is simply either separated or they are not. Mere separation has no impact on how the estate will be disbursed. So it depends on what his separation agreement and will say. If no formal separation agreement or will - likely his spouse will inherit.
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