1992 State Regulations

 

These statutes were developed so that one could not totally disinherit a surviving spouse due to dower and curtsey. In the other scenario, if there is no will, the state can determine how assets are to be distributed- your spouse may NOT get everything since the children have a right to some assets. That may have been contrary to what your wishes truly were, but without the proper documentation, your surviving spouse may not have the adequate resources for her life.

State Spouse Receives Children Receive

Alabama $50,000 +1/2 bal remaining balance

Alaska " "

Arizona All

Arkansas 1/3 personal + life remaining estate in 1/3 realty

California 1/2 or 1/3 if more than remaining one child

Colorado $25,000 + 1/2 balance remaining

Connecticut $100,000 + 1/2 bal remaining

Delaware $50,000 + 1/2 bal remaining

Dist. Col. 1/3 2/3

Florida $20,000 + 1/2 bal remaining

Georgia 1/2 or 1/4 if more remaining than one child

Hawaii 1/2 1/2

Idaho $50,000 + 1/2 bal remaining

Illinois 1/2 1/2

Indiana 1/2 or 1/3 if more remaining than one child

Iowa All

Kansas 1/2 1/2

Kentucky 1/2 1/2

Louisiana Community property

Maine $50,000 + 1/2 balance remaining

Maryland 1/2 ($15,000 +1/2 if remaining child(ren) are adult

Mass. 1/2 1/2

Michigan $60,000 + 1/2 balance remaining

Minnesota $70,000 + 1/2 balance remaining

Miss. Equal share w/children equal share w/spouse

Missouri $20,000 +1/2 balance remaining

Montana All

Nebraska $50,000 + 1/2 balance remaining

Nevada 1/2 or 1/3 if more remaining than one child

New Hampshire $50,000 + 1/2 balance remaining

New Jersey $50,000 + 1/2 balance remaining

New Mexico 1/4 3/4

New York $4,000 + 1/2, or 1/3 remaining if more than one child

N. Carolina $15,000 + 1/2 or 1/3 if remaining more than one child

N. Dakota $50,000 + 1/2 balance remaining

Ohio $30,000 + 1/2 or 1/3 remaining if more than one child

Oklahoma 1/2 1/2

Oregon 1/2 1/2

Penn. $30,000 + 1/2 balance remaining

Rhode Is. 1/2 personal + life remaining estate in realty

S. Carolina 1/2 or 1/3 if more remaining than one child

S. Dakota 1/2 or 1/3 if more remaining than one child

Tenn. 1/2 or 1/3 if more remaining

Texas 1/3 personal + life remaining estate in 1/3 realty

Utah $50,000 + 1/2 balance remaining

Vermont 1/2 or 1/3 if more remaining than one child

Virginia All

Washington 1/2 1/2

W. Virginia 1/3 personal + life remaining estate in 1/3 realty

Wisconsin All

Wyoming 1/2

In other words, the minimum estate planning for every person is a will. So if you're not currently dead, get one done within the week. Don't leave a surviving spouse to deal with antiquated laws to determine how the assets are to be divvied up.

Intestacy Laws. (Yates) Under the general laws of intestacy, if a married man or woman dies without a will, then his or her surviving spouse will automatically receive a substantial share of the estate according to state law. Under the Uniform Probate Code, the surviving spouse would receive $50,000 plus one-half of the residue of the deceased spouse's estate. In community property states, the surviving spouse would already own one-half of the community property, and she or he would inherit the deceased spouse's entire share. She or he would also get a portion of the decedent's separate property, usually one-half or one-third, depending on the number of surviving children.

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