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Blended Family Estate Distributions
 

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, some states will give the surviving spouse less of the deceased spouse's property. Even though Carol treated Mike's children as her own, she is not the legal parent and will still receive less of the intestate estate.

 

Choose any state name below Carol Gregory Robert
Intestate Estate Real Estate Intestate Estate Real Estate Intestate Estate Real Estate
Alabama $250,000   $125,000   $125,000  
Arkansas $133,333 $33,333 (LE) $133,333 $33,333 $133,333 $33,333
Alaska $300,000   $100,000   $100,000  
Arizona $250,000   $125,000   $125,000  
California $166,666   $166,666   $166,666  
Colorado $300,000   $100,000   $100,000  
Connecticut $250,000   $125,000   $125,000  
Delaware $200,000 $100,000 (LE) $100,000   $100,000  
Florida $250,000   $125,000   $125,000  
Georgia $166,666   $166,666   $166,666  
Hawaii $300,000   $100,000   $100,000  
Idaho $250,000   $125,000   $125,000  
Illinois $250,000   $125,000   $125,000  
Indiana $200,000 $25,000 $100,000 $37,500 $100,000 $37,500
Iowa $250,000   $125,000   $125,000  
Kansas $250,000   $125,000   $125,000  
Kentucky $250,000   $125,000   $125,000  
Maine $250,000   $125,000   $125,000  
Maryland $257,500   $121,250   $121,250  
Massachusetts $250,000   $125,000   $125,000  
Michigan $317,000*   $91,500*   $91,500*  
Minnesota $325,000   $87,500   $87,500  
Mississippi $166,666   $166,666   $166,666  
Missouri $250,000   $125,000   $125,000  
Montana $300,000   $100,000   $100,000  
Nebraska $250,000   $125,000   $125,000  
Nevada $166,666   $166,666   $166,666  
New Hampshire $300,000   $100,000   $100,000  
New Jersey $312,500   $93,750   $93,750  
New Mexico $125,000   $187,500   $187,500  
New York $275,000   $112,500   $112,500  
North Carolina $153,333 $33,333 $123,333 $33,333 $123,333 $33,333
North Dakota $300,000   $100,000   $100,000  
Ohio $180,000   $160,000   $160,000  
Oklahoma $166,666   $166,666   $166,666  
Oregon $250,000   $125,000   $125,000  
Pennsylvania $250,000   $125,000   $125,000  
Rhode Island $200,000 $100,000 (LE) $100,000   $100,000  
South Carolina $250,000   $125,000   $125,000  
South Dakota $300,000   $100,000   $100,000  
Tennessee $166,666   $166,666   $166,666  
Texas $133,333 $33,333 (LE) $133,333 $33,333 $133,333 $33,333
Utah $275,000   $112,500   $112,500  
Vermont $133,333 $33,333 $133,333 $33,333 $133,333 $33,333
Virginia $166,666   $166,666   $166,666  
Washington $250,000   $125,000   $125,000  
Washington D.C. $250,000   $125,000   $125,000  
West Virginia $250,000   $125,000   $125,000  
Wisconsin $250,000   $125,000   $125,000  
Wyoming $250,000   $125,000   $125,000  

 

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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