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Wills, Trusts, and Estates

Surviving Spouse

Surviving Spouse

Continue your studies of the law of intestacy with this look at the intestate share a decedent's surviving spouse may receive, including who is considered a spouse.


When a person dies without a will, his or her spouse may inherit most or even all of the intestate estate. Today, you’ll be learning about the intestate share that a decedent’s surviving spouse may receive under the law of intestacy.

To start off our discussion, we’ll talk about who does or does not qualify as a spouse. After that, we’ll explain how to determine the intestate share that the surviving spouse may receive from the decedent’s estate, depending on whether there are any...