In intestacy, what does a widow receive if there is one child?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

In intestacy laws, which govern the distribution of an estate when someone dies without a valid will, the surviving spouse's rights are generally well-defined. When there is one child, the widow is entitled to receive all marital property outright. Additionally, she receives half of the residue of the estate. The residue consists of all remaining assets after debts, taxes, and specific bequests are settled.

Marital property typically includes assets acquired during the marriage, and by receiving the marital property plus half of the remaining estate, the widow is positioned to maintain financial stability while ensuring that the child also has a rightful claim to their inheritance. This distribution recognizes the needs of both the surviving spouse and the child, reflecting a balance between the rights of a spouse and those of children from the marriage.

Other potential answers would not accurately reflect the legal provisions set forth in intestacy laws regarding the treatment of marital property and the distribution of the estate in cases with one child.

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