What portion of a deceased wife’s inheritance goes to her husband?

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What portion of a deceased wife’s inheritance goes to her husband?

My wife inherited $13,000 from her parents estate, both her parents have passed away. My wife passed away before the checks was issued. Me and my wife have 2 adult children. My wife passed last April, 2017. She had no will. All her assets went to me. A year later I have this inheritance issue. The executor of this will tells me it will have to fall under Delaware Intestacy Law because my wife had no will. Not sure what that means. I want to know how much of this check comes to me and how much goes to my children.

Asked on April 8, 2018 under Estate Planning, Delaware

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

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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