How does a surviving spouse's remarriage affect an intestate succession?

If a surviving spouse in Alaska who is entitled to part of an intestate estate (an estate of a person who died without a will) remarries, it may affect the distribution of that estate. If the surviving spouse’s new spouse also has descendants, those descendants may be entitled to a portion of the estate. Generally, if the surviving spouse is entitled to the entirety of the intestate estate, then any children the surviving spouse had with the deceased spouse will still be entitled to their share of the estate, but the children may not inherit the same amount that they would have inherited had the surviving spouse not remarried. If those children are also descendants of the new spouse, they may receive an equal share of the estate along with the children of the new spouse. If the surviving spouse does not have any children with the deceased spouse, then the surviving spouse and any children of the remarriage may be entitled to the entirety of the intestate estate. In this case, the surviving spouse’s new spouse will not be entitled to any part of the estate. It is important to note that in all scenarios, the surviving spouse’s new spouse will not be entitled to any of the estate, unless he or she is also a descendant of the deceased spouse. The laws of intestate succession in Alaska are complicated, and it is important to seek the advice of an attorney when filing a claim on an intestate estate so that you can be sure to receive the share of the estate that you are entitled to.

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How does a surviving spouse's remarriage affect an intestate succession?

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