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Laws that are unique to one state |
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In
Colorado, a natural
parent who gave you away for adoption can become an heir of your
intestate estate. |
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In
Maryland, your spouse
will receive $15,000 less of your intestate estate if any of your
surviving children are minors. |
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In
Arkansas, if you are
married less than three years and never had a child, your spouse
will share fifty percent of your intestate estate with living
relations as distant as your
third cousins thrice-removed and their
issue. |
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New Hampshire escheats
the "earliest," with only relations up to the fourth degree entitled
to any portion of the intestate estate, which are great-nieces and
great-nephews or first cousins. |
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Pennsylvania divides the intestate estate into maternal and paternal
shares at the grandparent level of relation, but recombines the
shares for an equal division among aunts and uncles or first cousins
or first cousins once-removed if there isn't at least one living
grandparent. |
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In
Missouri, the heirs of
multiple predeceased spouses may be entitled to a portion of the
intestate estate. |
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Mississippi excludes
half-blood relations more distant than an aunt and uncle from
receiving any portion of the intestate, but only if there are any
whole blood relations at the same degree of relation as the
half-blood.
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Laws that are followed by a limited number of states |
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In
Arkansas,
Delaware, and
Rhode
Island, your spouse's interest in any intestate real estate is
limited to a life-estate. |
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Your in-laws may be
entitled to your intestate estate in
Arkansas,
California,
Florida,
Kansas,
Kentucky,
Missouri,
Nevada,
Rhode Island, and
Virginia. |
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Nevada and
Oklahoma may
require your spouse to share with your siblings. |
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In
Nevada,
Oklahoma, and
Washington, half-blood relations cannot receive any intestate
property that was given to the decedent by an ancestor who is not
also an ancestor of the half-blood relation. Otherwise, half-blood
relations receive the same share as whole blood relations |
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Arkansas,
California,
Kentucky,
Massachusetts,
Rhode Island,
Texas,
Vermont, and
Washington may require your spouse to share with
your siblings, nieces and nephews,
grand-nieces and grand-nephews, and their issue. |
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Arkansas,
Rhode Island,
and Vermont may require your spouse to share with your nearest
living relation, no matter how distant the degree of relation to
you. |
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Unexpected laws
that can affect many people |
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If you never had
children, thirty states require your spouse to share your
intestate estate with one or both of your parents. |
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Twenty-nine states will
give your spouse less of your intestate estate if he or she is not
the parent of all your children. |
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Ten states will give your spouse less of your
intestate estate if your spouse has any children by someone other
than you, even if you have children together. |
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Does your state follow one of these laws? Open
its Intestacy Calculator and find
out. |
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