Can a surviving spouse get less than their statutory share in an estate?

For a variety of reasons (such as a second marriage where the decedent wants to favor children from a first marriage in his or her will, or if the spouses aren’t amicable before the decedent’s death), the surviving spouse may get less under the will than he or she would receive by taking his or her statutory share.

Can a spouse inherit an estate if there is a valid will?

If the decedent was married at the time of his or her death, his or her surviving spouse has a role in the disposition of the estate whether there is a valid will or not. When there is a valid will, the surviving spouse has a choice:

What happens to an estate if only one parent dies?

If only one parent survives the decedent, the surviving parent takes the entire estate. If the decedent dies with a surviving spouse, the surviving parents are also entitled to take one-half of the estate remaining after the surviving spouse takes the initial $30,000.00 of the estate and one-half of the remaining estate. 3.

How is estate planning for a blended family?

Estate planning can be very emotional, especially if you have a blended family. This may not be a pleasant task, but remind yourself that you’re doing it for your spouse and children. When Murphy drafted his estate plan with his current wife, it was emotionally and mentally draining.

Who is more deserving of inheritance, the kids or the first wife?

I believe that since she’s his second wife, and he only knew for a few years later in life, she is far less deserving of his pre-marital assets than his kids. To me, any assets accumulated beforethe 2nd marriage should be given back to the adult kids of the man.

What happens to inheritance if parent remarries late in life?

In either scenario, the new wife would be entitled to a significant portion of the Estate under California probate law. If the parent was mentally competent at the time of the marriage, there is little the children can do to recover lost inheritance.

Who is responsible for managing the estate of the deceased spouse?

In addition, if the deceased dies without a will, known as dying intestate, state law establishes a widow’s rights over the deceased spouse’s estate. The individual responsible for managing the estate of the deceased is the personal representative or executor. If the deceased has a will, that document names the executor of his estate.