Is there a limit to the amount a surviving spouse can receive from the estate?
In Washington, the laws related to intestate succession—that is, when a person dies without a will—dictate how an estate is distributed. Generally speaking, a surviving spouse will receive the highest priority when it comes to an intestate estate. However, there is a limit to the amount a surviving spouse can receive from the estate. In Washington, the surviving spouse is entitled to the entire estate if the deceased had no living children or grandchildren at the time of their death. But if the deceased had any living issue (children or grandchildren) at the time of their death, the surviving spouse will receive a set amount: the surviving spouse gets the first $150,000 of the estate, plus one-half of the balance. A surviving spouse may also be entitled to certain asset protections, known as “exempt property.” This includes certain real estate, household goods up to a certain value, motor vehicles, and bank accounts. The exact amount will depend on the individual situation, so it’s important to consult with an experienced estate planning attorney for more information. Overall, while there is a limit to the amount a surviving spouse can receive from an intestate estate, their potential share of the inheritance is often greatly influenced by the size of the estate and the particulars of the situation.
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