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

In New York, the law of intestate succession governs the distribution of a decedent’s assets in the event that the decedent dies without a valid, enforceable will. When a person dies without a will, their assets will be passed to the surviving spouse and/or other family members according to the laws of intestate succession. The laws of intestate succession in New York provide that a surviving spouse is entitled to the majority of the estate when the decedent dies without a will. The surviving spouse is given the first right to the decedent’s estate, and they are legally entitled to 100 percent of the estate in some circumstances. However, if the surviving spouse remarries, their rights to the estate may be affected. The laws of intestate succession in New York dictate that the surviving spouse’s remarriage does not eliminate their rights to the estate, but it does reduce the amount of the estate they are legally entitled to. In this scenario, the surviving spouse’s remarriage means that any children from the first marriage are also legally entitled to a portion of the estate. In conclusion, the surviving spouse’s remarriage affects an intestate succession in New York by reducing the amount of the estate which the surviving spouse is legally entitled to, while at the same time providing the children of the first marriage with legal rights to a portion of the estate.

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

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