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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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