Are there any restrictions on how an intestate estate can be divided?

Yes, there are restrictions on how an intestate estate can be divided in Rhode Island. According to the law, any intestate estate must be divided among the family members of the deceased in a certain order. First, the surviving spouse and minor children are the primary beneficiaries; they must receive a certain portion of the estate before the rest is divided. If there are no minor children, then the spouse is the sole heir. If there is no surviving spouse, then the estate would be divided among the deceased’s surviving children, siblings, or other family members. In addition, the surviving spouse is entitled to a certain share known as a “statutory share”, which cannot be reduced or eliminated by any other beneficiary. This is usually one-third of the estate if there are children, or one half if there are no children. Finally, any portion of the estate that is not taken by the spouse and the minor children must be split among the deceased’s siblings, parents, and other family members. This portion is known as the “residuary estate”. It is difficult to predict exactly how this will be divided, since much of it will depend on the specific family dynamics and the size of the estate.

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