spouse dies after 20 years of seperation who has the rights to his assets his wife of 20 years seperation or his children the was no will or...

Question

spouse dies after 20 years of seperation who has the rights to his assets his wife of 20 years seperation or his children the was no will or power of attorney

Answer

A power of attorney has nothing to do with this.

Assuming this is in Georgia, the estranged spouse and the children each get part of the estate. You failed to give us th details necessary to answer what shares.

A lawyer is needed in this situation.

Answer

If there is no will (assuming this is in GA), then the surviving spouse and biological/adopted children inherit under the intestacy laws. The surviving spouse gets 1/3 and the children 2/3 (assuming there is more than one child). The fact that the wife and husband were estranged is irrelevant in GA if that is where the man lived at the time of his death. In some states though, this would be enough to deny the wife her share so it is very relevant to know where the man lived at the time of his death.

This is another case which illustrates the very real need for estate planning. If the man wanted to disinherit the estranged wife he could have done so by making a will. Or he could have done something and obtained a divorce.

Power of attorney would not help at all. It is for living persons and the authority in a power of attorney ends at death.

You do not indicate what probate assets there were. The intestacy laws only apply to probate assets.

Try re-posting your question with more details such as where the man lived at the time of his death, when he died, whether the estranged wife or any of the children set up an intestate probate estate for him and what general probate assets and debts there were in the estate. Direct your question to probate lawyers who practice in the state where the estate is or will be probated.

Better yet, it would be a good idea for you to pay for a consult with a probate attorney who practices in the county/state where the estate is or will be pending so the attorney can review any documents and the circumstances and advise you of your rights.