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13 Jan 2020

General

2 Min Read

What happens if you die without a will in an equitable-distribution state?

While intestate distribution in equitable distribution states may vary slightly, here are a few examples of estate distribution if you die intestate in an equitable-distribution state:

New Jersey

If you die with:	Here’s what happens:
children but no spouse	children inherit everything
spouse but no children or parents	spouse inherits everything
spouse and children from you and that spouse, and spouse has no other children	spouse inherits everything
spouse and children from you and that spouse, and spouse has children from another relationship	spouse inherits the first 1/4 of your intestate property (but not less than $50,000 or more than $200,000), plus 1/2 of the balance your children inherit everything else
spouse and children from you and someone other than that spouse	spouse inherits the first 1/4 of your intestate property (but not less than $50,000 or more than $200,000), plus 1/2 of the balance children inherit everything else
spouse and parents	spouse inherits the first 1/4 of your intestate property (but not less than $50,000 or more than $200,000), plus 3/4 of the balance parents inherit remaining intestate property

New York

If you die with:	Here’s what happens:
children but no spouse	children inherit everything
spouse but no children	spouse inherits everything
spouse and children	spouse inherits the first $50,000 of your intestate property, plus 1/2 of the balance descendants inherit everything else
parents but no spouse or children	parents inherit everything
siblings but no spouse, children, or parents	siblings inherit everything

Florida

If you die with:	Here’s what happens:
children but no spouse	children inherit everything
spouse but no children	spouse inherits everything
spouse and children from you and that spouse, and spouse has no other children	spouse inherits everything
spouse and children from you and that spouse, and spouse has children from another relationship	spouse inherits 1/2 of your intestate property your children inherit 1/2 of your intestate property
spouse and children from you and someone other than that spouse	spouse inherits 1/2 of your intestate property your children inherit 1/2 of your intestate property
parents but no spouse or children	parents inherit everything
siblings but no spouse, children, or parents	siblings inherit everything

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