Legal Question in Wills and Trusts in New Hampshire

Re: statutory scheme

It sounds like you are talking about intestate succession. The statute for intestate succession provides for both spouse and children, for residents of NH. Note that intestate succession laws can and do vary from state to state, and affect real property in the state, along with personal property ("stuff") of a person domiciled in the state.

For NH, the law states, in part:

I. If the deceased is survived by a spouse, the spouse shall receive:

(a) If there is no surviving issue or parent of the decedent, the entire intestate estate;

(b) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, and there are no other issue of the surviving spouse who survive the decedent, the first $250,000, plus 1/2 of the balance;

(c) If there are no surviving issue of the decedent but the decedent is survived by a parent or parents, the first $250,000, plus 3/4 of the balance of the intestate estate;

(d) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, and the surviving spouse has one or more surviving issue who are not the issue of the decedent, the first $150,000, plus 1/2 of the balance of the intestate estate;

(e) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, the first $100,000, plus 1/2 of the intestate estate.

Good luck.