What rights do the surviving offspring have in the probate estate?

What rights does the surviving partner have in the probate estate?

In addition to the right to inherit through the laws of intestacy, the surviving partner has 4 primary rights. The first right is the right to an elective share, which would be 30% of the probate estate. The second right is the right to exempt property, which means that the surviving partner can claim personal property and automobiles that were owned by the decedent. The third right is the right to homestead, which means that the surviving partner would have the right to either keep the decedent’s house or live in the decedent’s house for the remainder of their life. The final right is the right to family allowance which would entitle the partner to $18,000.00 in support payments while the probate estate is pending.

The surviving offspring have a few rights in the probate estate. Most notably if the decedent died without a will they would be entitled to their intestate share of the estate. In addition, they can make claims against the estate for exempt property as well as claims for homestead if the surviving offspring are minors.