Henry was married to Wendy. They had 3 children Art, Bea, and Curt. Henry died intestate in June 2008 survived by Wendy and his 3 children. He left a personal estate worth $1 million dollars.
Who gets what?
A. Wendy receives $1 million. A,B, & C get nothing.
B. Wendy receives $500,000 & A,B,C share $500,000 3-ways.
C. Wendy receive $530,00. A,B, & C share $470,000 3-ways.
D. A,B, & C split $1 million equally.
The correct answer is C.
Now suppose the facts state that Henry died in 2013. What is the correct answer? A
Remember, when you see a decedent with only issue from surviving spouse and s/he passes intestate, think:
1. Decedent dying on or after October 1, 2011 - Spouse takes entire estate
2. Decedent dying prior to October 1, 2011 - Spouse takes first $60,000 PLUS ½ of balance, issue take the rest