To answer you question

1. If you are still married while he passes away, in most of the state, in not all, he cannot totally disinherit you by any device, including a valid will. This means you would be entitled to take your elective share as a spouse or whatever he would leave for you, whichever is greater.
2. The principle for dividing assets upon a divorce is equitable distribution. This means different things in cummunity property states and separated property states. You will have to check with a local lawyer to find it out. But regardless, it would not be as simple as he takes what is under him name and you take what is under your name.

hope it helps

所有跟帖： 

• Thank you. I live in NJ. -Olive_garden- ♀ (95 bytes) () 06/03/2009 postreply 12:50:29

• Regardless, equitable distribution is the principle -CyberCat- ♂ (27 bytes) () 06/03/2009 postreply 13:18:42