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There are contradictions in your question. If the person you refer to as your spouse already has a wife then your "marriage" isn't legal. A person can only have one surviving spouse. If you mean to say there is an ex-wife then you are the surviving spouse under most state intestacy laws.

If a person dies without a will, their estate passes to heirs-at-law under state laws of intestacy. The laws are somewhat different in each state. Some states pass all the property to the surviving spouse unless there are minor children. Some states give a share to adult children. You can check the laws in your state at the related question ink provided below.

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Q: When the spouse dies and there is a wife and a child out of wedlock from another person who is entitled to the estate?
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