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Possibly, depending on the laws of that particular state, the value of the estate and how the married couple's assets were held. A lot of "if"s, but there's no other way around it. As to laws some states provide for an apportionment of assets of a person between the spouse and the children. In many cases a spouse may get the first certain percentage of the estate or dollar amount, then the rest is divided in some way. Some states also give the spouse a specific minimum percentage, in NJ it is called the elective share. In both cases the size of the estate will determine if the children get anything. If it exceeds the minimums, they will, if not, they won't. If the married couple's assets are all held jointly, then none of the above matters. The spouse just takes it all by virtue of joint ownership.

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17y ago

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