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Comparison of Blended
Families
After thirty-eight years of marriage Mike passes away with a $500,000 intestate
estate, of which $100,000 is real estate. He is survived by his
wife, Carol, and his two adult children from a former relationship.
(Mike's second oldest child predeceased Mike, without any children of his own.)
Carol also has three children from a former relationship. Neither
spouse formally adopted the other's children.
This table shows the amount of Mike's individually owned property that
each of his three family members will receive according to the intestate
laws of each state. As they are not related to Mike by blood or
adoption, Carol's children will not receive any of his property.
If a separate figure is not shown for real estate, it is included with all
other property for division. Where shown, "LE" indicates that a
life-estate
is granted
in that property.
Note that,
because the surviving spouse is not the parent of all of the deceased
spouse's children, none of the states give the surviving spouse all the
deceased spouse's property. (The fact that Carol treated Mike's
children as her own does not have any affect on these laws.)
|
|
Click any state to enter your family |
Carol |
Gregory |
Robert |
|
Intestate Estate |
Real Estate |
Intestate Estate |
Real Estate |
Intestate Estate |
Real Estate |
|
Alabama |
$250,000.00 |
|
$125,000.00 |
|
$125,000.00 |
|
|
Arkansas |
$133,333.33 |
$33,333.33 (LE) |
$133,333.33 |
$33,333.33 |
$133,333.33 |
$33,333.33 |
|
Alaska |
$300,000.00 |
|
$100,000.00 |
|
$100,000.00 |
|
|
Arizona |
$250,000.00 |
|
$125,000.00 |
|
$125,000.00 |
|
|
California |
$166,666.67 |
|
$166,666.67 |
|
$166,666.67 |
|
|
Colorado |
$300,000.00 |
|
$100,000.00 |
|
$100,000.00 |
|
|
Connecticut |
$250,000.00 |
|
$125,000.00 |
|
$125,000.00 |
|
|
Delaware |
$200,000.00 |
$100,000.00 (LE) |
$100,000.00 |
$0.00 |
$100,000.00 |
$0.00 |
|
Florida |
$250,000.00 |
|
$125,000.00 |
|
$125,000.00 |
|
|
Georgia |
$166,666.67 |
|
$166,666.67 |
|
$166,666.67 |
|
|
Hawaii |
$300,000.00 |
|
$100,000.00 |
|
$100,000.00 |
|
|
Idaho |
$250,000.00 |
|
$125,000.00 |
|
$125,000.00 |
|
|
Illinois |
$250,000.00 |
|
$125,000.00 |
|
$125,000.00 |
|
|
Indiana |
$200,000.00 |
$25,000.00 |
$100,000.00 |
$37,500.00 |
$100,000.00 |
$37,500.00 |
|
Iowa |
$250,000.00 |
|
$125,000.00 |
|
$125,000.00 |
|
|
Kansas |
$250,000.00 |
|
$125,000.00 |
|
$125,000.00 |
|
|
Kentucky |
$250,000.00 |
|
$125,000.00 |
|
$125,000.00 |
|
|
Maine |
$250,000.00 |
|
$125,000.00 |
|
$125,000.00 |
|
|
Maryland |
$257,500.00 |
|
$121,250.00 |
|
$121,250.00 |
|
|
Massachusetts |
$250,000.00 |
|
$125,000.00 |
|
$125,000.00 |
|
|
Michigan |
$313,000.00 |
|
$93,500.00 |
|
$93,500.00 |
|
|
Minnesota |
$325,000.00 |
|
$87,500.00 |
|
$87,500.00 |
|
|
Mississippi |
$166,666.67 |
|
$166,666.67 |
|
$166,666.67 |
|
|
Missouri |
$250,000.00 |
|
$125,000.00 |
|
$125,000.00 |
|
|
Montana |
$300,000.00 |
|
$100,000.00 |
|
$100,000.00 |
|
|
Nebraska |
$250,000.00 |
|
$125,000.00 |
|
$125,000.00 |
|
|
Nevada |
$166,666.67 |
|
$166,666.67 |
|
$166,666.67 |
|
|
New Hampshire |
$300,000.00 |
|
$100,000.00 |
|
$100,000.00 |
|
|
New Jersey |
$312,500.00 |
|
$93,750.00 |
|
$93,750.000 |
|
|
New
Mexico |
$125,000.00 |
|
$187,500.00 |
|
$187,500.00 |
|
|
New York |
$275,000.00 |
|
$112,500.00 |
|
$112,500.00 |
|
|
North Carolina |
$153,333.33 |
$33,333.33 |
$123,333.33 |
$33,333.33 |
$123,333.33 |
$33,333.33 |
|
North Dakota |
$300,000.00 |
|
$100,000.00 |
|
$100,000.00 |
|
|
Ohio |
$180,000.00 |
|
$160,000.00 |
|
$160,000.00 |
|
|
Oklahoma |
$166,666.67 |
|
$166,666.67 |
|
$166,666.67 |
|
|
Oregon |
$250,000.00 |
|
$125,000.00 |
|
$125,000.00 |
|
|
Pennsylvania |
$250,000.00 |
|
$125,000.00 |
|
$125,000.00 |
|
|
Rhode Island |
$200,000.00 |
$100,000.00 (LE) |
$100,000.00 |
$0.00 |
$100,000.00 |
$0.00 |
|
South Carolina |
$250,000.00 |
|
$125,000.00 |
|
$125,000.00 |
|
|
South Dakota |
$300,000.00 |
|
$100,000.00 |
|
$100,000.00 |
|
|
Tennessee |
$166,666.67 |
|
$166,666.67 |
|
$166,666.67 |
|
|
Texas |
$133,333.33 |
$33,333.33 (LE) |
$133,333.33 |
$33,333.33 |
$133,333.33 |
$33,333.33 |
|
Utah |
$275,000.00 |
|
$112,500.00 |
|
$112,500.00 |
|
|
Vermont |
$133,333.33 |
$33,333.33 |
$133,333.33 |
$33,333.33 |
$133,333.33 |
$33,333.33 |
|
Virginia |
$166,666.67 |
|
$166,666.67 |
|
$166,666.67 |
|
|
Washington |
$250,000.00 |
|
$125,000.00 |
|
$125,000.00 |
|
|
Washington
D.C. |
$250,000.00 |
|
$125,000.00 |
|
$125,000.00 |
|
|
West
Virginia |
$250,000.00 |
|
$125,000.00 |
|
$125,000.00 |
|
|
Wisconsin |
$250,000.00 |
|
$125,000.00 |
|
$125,000.00 |
|
|
Wyoming |
$250,000.00 |
|
$125,000.00 |
|
$125,000.00 |
|
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You can also
compare these figures with those of a Traditional
Family or use the interactive State
Summaries program to see similarities between states..
Note that, like the
Intestacy
Calculators, these figures do not include any amounts that may be granted
as a "family allowance" or "homestead allowance."
For
instance, Pennsylvania provides a spouse, child, or parent who was living
with the decedent at the time of death with the right to claim $3,500 of
the decedent's estate.
These amounts are not included with any calculations, as they are often
elective and not always certain. Unlike the intestate distribution,
additional action is frequently required within a specific time period to assert
the claim to these rights.
Also note that community property is not included with this comparison,
although it has been included in the individual Intestacy Calculators for
those states that distribute community property between the spouse and
others in a manner that differs
from the distribution of individually owned property. |
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