New York Law (NYLE) Practice Exam

How is a net estate distributed when a person dies intestate, survived only by a spouse and two adult children?

1. 100% to the spouse

2. 50% to the spouse and 25% to each child

3. $50,000 and one-half of the residue to the spouse, remainder to children

4. One-third of the net estate to each of the spouse and children

The correct answer is: $50,000 and one-half of the residue to the spouse, remainder to children

When a person dies intestate in New York, the distribution of the net estate depends on several factors, including whether the decedent has a spouse and children. In a case where the decedent is survived by a spouse and two adult children, the intestate distribution follows specific rules outlined in New York's Estates, Powers and Trusts Law. The correct distribution in such a scenario is that the spouse receives a set amount of $50,000 plus half of the remaining estate (the residue), while the children share the other half of the residue equally. This formula acknowledges the spouse’s primary role in the family unit while also recognizing the rights of the children. Therefore, the choice indicating that the spouse receives $50,000 and one-half of the residue of the estate, with the remainder going to the children, aligns with this statutory framework for intestate succession in New York. The other options do not correctly reflect New York's rules relating to spousal and children’s shares in the case of intestacy, thus reinforcing why this particular answer is accurate.