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Comparison of Blended Families

 

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.

 

Click any state name to enter your family information

Carol

Gregory

Robert

Intestate Estate

Real Estate

Intestate Estate

Real Estate

Intestate Estate

Real Estate

Alabama

$250,000.00

 

$125,000.00

 

$125,000.00

 

Arkansas

$133,333.33

$33,333.33 (LE)

$133,333.33

$33,333.33

$133,333.33

$33,333.33

Alaska

$300,000.00

$100,000.00

$100,000.00

Arizona

$250,000.00

$125,000.00

$125,000.00

California

$166,666.67

 

$166,666.67

 

$166,666.67

 

Colorado

$300,000.00

 

$100,000.00

 

$100,000.00

 

Connecticut

$250,000.00

$125,000.00

$125,000.00

Delaware

$200,000.00

$100,000.00 (LE)

$100,000.00

$0.00

$100,000.00

$0.00

Florida

$250,000.00

 

$125,000.00

 

$125,000.00

 

Georgia

$166,666.67

 

$166,666.67

 

$166,666.67

 

Hawaii

$300,000.00

$100,000.00

$100,000.00

Idaho

$250,000.00

$125,000.00

$125,000.00

Illinois

$250,000.00

 

$125,000.00

 

$125,000.00

 

Indiana

$200,000.00

$25,000.00

$100,000.00

$37,500.00

$100,000.00

$37,500.00

Iowa

$250,000.00

$125,000.00

$125,000.00

Kansas

$250,000.00

$125,000.00

$125,000.00

Kentucky

$250,000.00

$125,000.00

$125,000.00

Maine

$250,000.00

 

$125,000.00

 

$125,000.00

 

Maryland

$257,500.00

$121,250.00

$121,250.00

Massachusetts

$250,000.00

$125,000.00

$125,000.00

Michigan

$313,000.00

$93,500.00

$93,500.00

Minnesota

$325,000.00

 

$87,500.00

 

$87,500.00

 

Mississippi

$166,666.67

$166,666.67

$166,666.67

Missouri

$250,000.00

$125,000.00

$125,000.00

Montana

$300,000.00

$100,000.00

$100,000.00

Nebraska

$250,000.00

 

$125,000.00

 

$125,000.00

 

Nevada

$166,666.67

$166,666.67

$166,666.67

New Hampshire

$300,000.00

$100,000.00

$100,000.00

New Jersey

$312,500.00

$93,750.00

$93,750.000

New Mexico

$125,000.00

 

$187,500.00

 

$187,500.00

 

New York

$275,000.00

$112,500.00

$112,500.00

North Carolina

$153,333.33

$33,333.33

$123,333.33

$33,333.33

$123,333.33

$33,333.33

North Dakota

$300,000.00

$100,000.00

$100,000.00

Ohio

$180,000.00

$160,000.00

$160,000.00

Oklahoma

$166,666.67

$166,666.67

$166,666.67

Oregon

$250,000.00

$125,000.00

$125,000.00

Pennsylvania

$250,000.00

$125,000.00

$125,000.00

Rhode Island

$200,000.00

$100,000.00 (LE)

$100,000.00

$0.00

$100,000.00

$0.00

South Carolina

$250,000.00

$125,000.00

$125,000.00

South Dakota

$300,000.00

$100,000.00

$100,000.00

Tennessee

$166,666.67

$166,666.67

$166,666.67

Texas

$133,333.33

$33,333.33 (LE)

$133,333.33

$33,333.33

$133,333.33

$33,333.33

Utah

$275,000.00

$112,500.00

$112,500.00

Vermont

$133,333.33

$33,333.33

$133,333.33

$33,333.33

$133,333.33

$33,333.33

Virginia

$166,666.67

$166,666.67

$166,666.67

Washington

$250,000.00

$125,000.00

$125,000.00

Washington D.C.

$250,000.00

$125,000.00

$125,000.00

West Virginia

$250,000.00

$125,000.00

$125,000.00

Wisconsin

$250,000.00

$125,000.00

$125,000.00

Wyoming

$250,000.00

$125,000.00

$125,000.00

 

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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