What portion of a deceased wife's inheritance goes to her husband?
Question Details: My wife inherited $13,000 from her late parents' estate. Then she passed away before the check was issued; she had no Will. My wife and I have 2 adult children. All her assets went to me. A year later, I have this inheritance issue. The executor of the Will tells me that the money falls under intestacy law because my wife had no Will. I'm not sure what that means. I want to know how much of this check comes to me and how much goes to my children.
Intestate succession is the law on who gets what when there is no will; each state has its own law on this topic, though they tend to be mostly similar. In your state, when there is a surviving spouse and children, the spouse gets the first $50,000 in value (i.e. of the total) of the deceased's estate: that is, the first $50k of the sum of all money, real estate, jewlery, investments, vehicles, etc. He then gets 1/2 of everything more than $50k, while the children share the other 1/2 of everything over $50k.
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