New York Law (NYLE) Practice Exam

How should a decedent's estate be distributed if he has a surviving spouse, son, and a grandchild from a deceased child?

1. Entirely to the spouse.

2. Equally among all family members.

3. 75% to the spouse and 25% to the grandchild.

4. $100,000 to the wife, $25,000 to each of the son and grandchild.

The correct answer is: $100,000 to the wife, $25,000 to each of the son and grandchild.

The correct choice reflects New York's intestacy laws, which govern the distribution of an estate when someone dies without a will. In cases where the decedent has a surviving spouse and children, the estate is divided based on specific statutory shares. When a decedent has a surviving spouse, the distribution typically involves giving the spouse a certain amount, followed by the remaining estate being divided among the children and any grandchildren from deceased children. In this scenario, the surviving spouse receives $100,000, while the remaining estate is divided among the children and grandchildren. Since the child of the decedent is deceased, the grandchild inherits the deceased child's share as part of the intestate succession. The specified distribution—$100,000 to the spouse, and $25,000 each to the son and grandchild—is consistent with New York law, which ensures that the spouse receives a preferential share, while also recognizing the rights of the descendants of the deceased children. This arrangement reflects equitable treatment among surviving family members, honoring both the spouse's rights and the legacy of the deceased child's family line. In contrast, options that allocate the entire estate to the spouse or distribute it equally among all family members do not align with these laws, as they fail to accurately uphold