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§84 213. Descent and distribution.
B. Beginning July 1, 1985, if any person having title to any estate not
otherwise limited by any antenuptial marriage contract dies without
disposing of the estate by will, such estate descends and shall be
distributed in the following manner:
1. If the decedent leaves a surviving spouse, the share of the estate
passing to said spouse is:
a. if there is no surviving issue, parent, brother or sister, the entire
estate, or
b. if there is no surviving issue but the decedent is survived by a parent
or parents, brother or sister:
(1) all the property acquired by the joint industry of the husband and wife
during coverture, and
(2) an undivided one third (1/3) interest in the remaining estate, or
c. if there are surviving issue, all of whom are also issue of the surviving
spouse:
an undivided one half (1/2) interest in all the property of the estate
whether acquired by the joint industry of the husband and wife during
coverture or otherwise, or
d. if there are surviving issue, one or more of whom are not also issue of
the surviving spouse:
(1) an undivided one half (1/2) interest in the property acquired by the
joint industry of the husband and wife during coverture, and
(2) an undivided equal part in the property of the decedent not acquired by
the joint industry of the husband and wife during coverture with each of the
living children of the decedent and the lawful issue of any deceased child
by right of representation;
2. The share of the estate not passing to the surviving spouse or if there
is no surviving spouse, the estate is to be distributed as follows:
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a. in undivided equal shares to the surviving
children of the decedent and issue of any deceased child of the decedent by
right of representation, or
b. if there is no surviving issue, to the surviving parent or parents of the
decedent in undivided equal shares, or
c. if there is no surviving issue nor parent, in
undivided equal shares to the issue of parents by right of representation,
or
d. if there is no surviving issue, parent, nor
issue of parents, but the decedent is survived by one or more grandparents
or issue of any grandparent, half of the estate passes equally to the
paternal grandparents if both survive, or to the surviving paternal
grandparent, or to the issue of any paternal grandparent if both paternal
grandparents are deceased, the issue taking equally if they are all of the
same degree of kinship to the decedent, but if of unequal degree those of
more remote degree take by representation and the other half passes to the
maternal relatives in the same manner; but if the decedent is survived by
one or more grandparents or issue of grandparents on only one side of the
family, paternal or maternal, the entire estate shall pass to such survivors
in the manner set forth in this subsection, or
e. if there is no surviving issue, parent, issue of parents, grandparent,
nor issue of a grandparent, the estate passes to the next of kin in equal
degree;
3. If the decedent leaves no spouse, issue, parent, issue of parents,
grandparent, issue of a grandparent, nor kindred, then the estate shall
escheat to the state for the support of the common schools; and
4. For the purpose of this section, the phrase "by right of representation"
means the estate is to be divided into as many equal shares as there are
surviving heirs in the nearest degree of kinship and deceased persons in the
same degree who left issue who survive the decedent, each surviving heir in
the nearest degree receiving one equal share and the equal share of each
deceased person in the same degree being divided among his issue in the same
manner. The word "issue" means lineal descendants.
84 222. Kindred of the half blood.
Kindred of the half blood inherit equally with those of the whole blood in
the same degree, unless the inheritance come to the intestate by descent,
devise or gift of some one of his ancestors, in which case all those who are
not of the blood of such ancestors must be excluded from such inheritance.
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