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Many married couples are surprised to learn that they will only inherit a portion of their spouse’s estate, in the absence of proper planning. For a married couple with children, the surviving spouse will only inherit 50% of the net estate. If the surviving spouse is a second or other subsequent spouse who did not at any time have children by the decedent, and the decedent left surviving the decedent a child or children, the surviving spouse will inherit only twenty-five percent (25%) of the fair market value of any real estate. You can decide specifically what your spouse will inherit through a will or trust. If you fail to plan, the State’s default inheritance plan will determine distribution.
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