@Barry2021,
Inheritance laws by state:
There are three categories of inheritance laws that determine how an Estate is divided, and these laws can vary from state to state. These laws are referred to when settling an Estate that’s in intestacy.
Common law, as it relates to inheritance laws, means that a surviving spouse is not entitled to inherit half of any property obtained during the marriage, but in many states, they will often be able to claim one-third or one-half of their spouse’s Estate. In states that follow common law or equitable distribution, certain assets owned by one spouse will not automatically belong to the other unless their name is also on the title or deed.
Community property inheritance laws, each spouse is automatically the co-owner of whatever was earned during a marriage. Community property does not apply to anything owned by either spouse before the marriage, inheritance or gifts given to one spouse, or other assets the spouses have legally agreed to keep separate. In states that follow community property laws, at least half of the assets in the Estate that was earned throughout the marriage will be awarded to the spouse.
Elective community property states allow for the creation of community property trusts, which allow spouses to share assets and have a right to inheritance.
The inheritance laws, by state, are:
Common law – Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Utah, Vermont, Virginia, West Virginia
Community property – Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin
trustandwill.com
Elective community property – Alaska, Kentucky, Tennessee
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