Legal Question in Family Law in District of Columbia

death without will

what is the surviving wife entitled to from her husband's estate when he dies without a will in the District of Columbia


Asked on 2/21/07, 7:50 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: death without will

Sec. 19-302 of the D.C. Code provides as follows:

The intestate share of a decedent's surviving spouse or surviving domestic partner is:

(1)The entire intestate estate, if no descendant or parent of the decedent survives the decedent;

(2)Two thirds of any balance of the intestate estate, if the decedent's survivng descendants are also descendants of the surviving spouse or

surviving domestic partner and there is

no other descendant of the surviving spouse or surviving domestic partner who survives the decedent;

(3)Three fourths of any balance of the intestate estate, if no descendant

of the decedent survives the decedent,

but a parent of the decedent survives the decedent;

(4)One-half of any balance of the intestate estate, if all of the decedent's surviving descendants are

also descendants of the surviving spouse or survivng domestic partner and

the surviving spouse or surviving domestic partner has one or more surviving descendants who are not descendants of the decedent; or

(5)One-half of any balance of the intestate estate, if one or more of the

decedent's surviving descendants are not descendents of the surviving spouse or surviving domestic partner.

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Answered on 2/21/07, 10:47 pm


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