Fact Pattern Scenarios/Examples

Question 1

H dies intestate, survived by his W. H and W have one child together, Thomas. Thomas is W’s only child, but H (decedent) has a child from a prior marriage, Penny.

How should estate be distributed?

Answer 1

Here, W takes 1/3 of the estate; T and P will share in the remaining 2/3.

Question 2

W dies intestate, survived by her H. W and H have one child together, Thomas. H has a child from a prior marriage, Penny. So, W is survived by her H, her son Thomas, and her stepdaughter Penny (not adopted etc.,).

How should W’s estate be distributed?

Critical concept

Answer 2

Here, W has no children from outside the marriage. It is immaterial that H does. Thus, H takes 100% of W’s probate assets (estate).