Intestate distribution: If there is a surviving spouse and no issue, who takes the estate?

Prepare for the New York Multistate Bar Exam with comprehensive study resources. Access multiple-choice questions, detailed explanations, and exam tips to boost your preparation and confidence.

Multiple Choice

Intestate distribution: If there is a surviving spouse and no issue, who takes the estate?

Explanation:
Intestate distribution gives the surviving spouse the entire estate when there are no descendants. If the decedent has a surviving spouse but no issue, there are no heirs in the next generation to share with, so the spouse inherits everything. Escheat to the state happens only if there are no surviving heirs at all, which isn’t the situation here. So the spouse takes all.

Intestate distribution gives the surviving spouse the entire estate when there are no descendants. If the decedent has a surviving spouse but no issue, there are no heirs in the next generation to share with, so the spouse inherits everything. Escheat to the state happens only if there are no surviving heirs at all, which isn’t the situation here. So the spouse takes all.

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