pmitch10 said:
What is the name of your state? NH
In the case of no will my exhusband whom died suddenly has a surviving spouse and also two children from his first marriage. Are they entitle to any assets or benefits from any of his policies or because she is the surviving spouse is she entitled to it all. She is not forthcoming with such.
Insurance does not pass through probate unless a beneficiary is not listed, then the proceeds of the policies go to the estate.
Since your ex died without a will, Probate MUST be file 'intestate'. For New Hampshire, there is a definate intestate succession statute.
1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:
If the decedent leaves no surviving issue (e.g., child or grandchild) or parents, the surviving spouse is entitled to the entire intestate estate.
If the decedent leaves issue all of whom are also issue of the surviving spouse, the surviving spouse gets the first $50,000, plus one-half of the remaining balance of the intestate estate.
If the decedent leaves issue one or more of whom are not also issue of the surviving spouse, the surviving spouse gets one-half of the intestate estate.
If the decedent is survived by only a parent or parents and no issue, the surviving spouse is entitled to the first $50,000, plus one-half of the remaining balance of the intestate estate.
2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to decedent's:
Descendants, per stirpes.
Parent or parents equally.
Parents' descendants, per stirpes.
One or more surviving grandparents or the descendants of grandparents (e.g., decedent's aunts and uncles). Half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent or to the descendants of the paternal grandparents if both are deceased, taking per stirpes.
The other half passes to the maternal relatives in the same manner. If there is no surviving grandparent or descendants on either the paternal or maternal side, the entire estate passes to the relatives on the other side in the same manner as the half portion would.
Next available kin related to the decedent up to the fourth degree of kinship.
3. State of New Hampshire. If there is no taker under any of the above provisions, the intestate estate passes to the state of New Hampshire
